LIBRARY 

i  i  nJFQRNlA 

DAVIS 


ONE   HUNDREDTH   ANNIVERSARY 


OF  THE 


FRAMING   OF  THE   CONSTITUTION 


UNITED    STATES. 


i 

Y/Jlf  Alo/irtfy  .-/tfr    Ctiv 


SW 


HISTORY  OF  THE  CELEBRATION 


OF   THE 


ONE  HUNDREDTH  ANNIVERSARY 


OF   THE   PROMULGATION   OF   THE 


Constitution  of  flje  United  States. 


EDITED    BY 

HAMPTON    L    CARSON, 

SECRETARY  OF  THE  CONSTITUTIONAL  CENTENNIAL  COMMISSION. 


IN  TWO  VOLUMES. 

VOL.  I. 


WITH    ILLUSTRATIONS. 


PUBLISHED  UNDER  THE  DIRECTION 
AND  BY  THE  AUTHORITY  OF  THE  COMMISSION,  BY 

J.   B.   LIPPINCOTT    COMPANY, 

PHILADELPHIA. 
1889. 


LIBRARY 

Or  CALJFQBWA 
DAVIS 


PREFACE. 


THESE  memorial  volumes  have  been  prepared  by  direction  of 
the  Constitutional  Centennial  Commission. 

The  magnificent  demonstration  at  Philadelphia  on  the  I5th, 
1 6th,  and  iyth  of  September,  1887,  showing  alike  the  popular 
and  the  official  allegiance,  on  the  part  of  the  States  and  of  the 
nation,  to  the  great  Act  of  1787,  created  a  profound  impression 
upon  the  vast  throngs  of  witnesses.  It  is  not  known  that  upon 
any  other  occasion  in  history  a  great  and  contented  people  have 
united  with  their  rulers  in  giving  a  like  expression  to  their  satis- 
faction with  their  government.  Industry,  commerce,  labor,  learn- 
ing, literature,  religion,  statesmanship,  the  arts  of  peace  and  of 
war,  the  official  and  the  private  world, — all  happily  participated 
in  this  imposing  display  of  affection  and  reverence  for  the 
Charter  which  gives  equal  liberty  and  equal  protection  to  all. 
The  executive,  the  legislative,  and  the  judiciary  of  the  Union 
were  associated  with  the  like  representation  of  the  State  gov- 
ernments, in  the  perfect  harmony  of  a  common  devotion. 

The  presence  of  honored  citizens  and  subjects  of  foreign 
lands,  both  official  and  private,  added  to  the  interest  of  the 
ceremonies. 

The  frequent  expressions  of  delighted  surprise  and  admira- 
tion, coming  from  all  classes,  justified  the  belief  of  the  Commis- 


vi  PREFACE. 

sion  that  the  leading  features  and  incidents  of  the  celebration 
should  be  collected  and  preserved  in  a  durable  memorial.  It 
was  believed  that  .it  would  be  alike  interesting  to  the  people  of 
this  generation  and  to  their  posterity  who  may  hope  to  celebrate 
another  centennial  commemoration  in  the  same  historic  city. 

The  executive  officers  of  the  Commission  have  therefore 
undertaken  the  task,  and  now  offer  to  the  public  the  result  of 
their  labors.  They  venture  to  hope  that  it  will  serve  to  excite 
the  interest  of  their  fellow-citizens  in  the  principles  of  our  gov- 
ernment, as  well  as  to  perpetuate  in  the  hearts  of  our  country- 
men the  memory  of  its  noble  founders. 

As  an  auxiliary  to  this  object,  and  as  a  prelude  to  their 
account  of  the  ceremonies  which  belonged  to  the  celebration, 
they  have  prepared  a  compact  history  of  the  progress  of  the 
American  Colonies  towards  a  general  confederation,  and  of  the 
imperfection  of  that  first  act  of  union,  which  rendered  a  more 
perfect  constitution  necessary.  A  history  of  the  formation 
of  our  present  Constitution  follows,  carefully  derived  from  the 
authentic  records  of  the  time,  and  showing  the  meaning  of 
its  framers  in  respect  to  various  clauses  which  are  still  the 
subjects  of  debate. 

Besides  these  notes  upon  the  invaluable  work  of  the  founders 
of  our  government,  they  have  prepared  brief  sketches  of  the 
lives  of  the  men  who  took  part  in  that  memorable  convention, 
that  their  memories  may  be  preserved  with  their  work. 

They  acknowledge  their  obligations  to  the  patriotism  and  the 
generosity  of  the  citizens  of  Philadelphia,  by  whose  aid  alone 
the  Commission  is  enabled  to  publish  these  commemorative 
volumes,  and  desire  particularly  to  express  their  grateful  appre- 


PREFACE.  vii 

ciation  of  the  invaluable  aid  of  Mr.  Frederick  D.  Stone,  the 
accomplished  librarian  of  the  Historical  Society  of  Pennsylvania. 

The  portraits  of  the  fratners  of  the  Constitution  are  from 
original  and  authentic  sources,  and  in  all  cases  preference  has 
been  given  to  those  which  have  not  been  repeatedly  engraved. 
Acknowledgment  is  due  to  Dr.  Thomas  Addis  Emmet,  of  New 
York  City,  for  the  most  generous  assistance. 

The  Constitution  is  produced  from  photographs  taken  directly 
from  the  original  document  in  the  State  Department  at  Wash- 
ington. 

In  illustrating  the  civic  and  industrial  display  a  selection  has 
been  made  from  instantaneous  photographs  of  the  procession. 
To  supply  omissions,  occasioned  by  insufficient  light  towards  the 
close  of  the  day,  individual  exhibits  have  been  used  as  far  as 
practicable. 

Each  State  participating  in  the  military  display  is  represented 
by  one  or  more  regiments,  or  by  grouping  individual  photographs 
of  soldiers  and  officers  where  no  other  illustrations  could  be 
found.  Efforts  were  made  to  secure  an  illustration  of  the  repre- 
sentatives of  North  Carolina,  but  without  success. 

Memorial  Day  is  illustrated  by  a  phototype  from  a  painting 
by  Mr.  H.  R.  Poor,  of  Philadelphia,  from  a  number  of  photographs 
taken  on  the  spot. 

But  few  of  the  commissioners  responded  to  the  request  for 
reports  of  the  share  taken  by  their  States  and  Territories,  and 
such  as  were  received  could  not  be  printed  without  constant  repe- 
tition of  matter  which  appears  in  the  History  of  the  Constitutional 
Centennial  Commission,  and  the  reports  of  its  sub-committees. 


CONTENTS    OF  VOLUME    I. 


PAGES 

HISTORY  OF  THE  FORMATION  OF  THE  CONSTITUTION  AND  OF  THE  CAUSES  WHICH  LED  TO 

ITS  ADOPTION.     By  John  A,  Kasson I 

BIOGRAPHIES  OF  THE  MEMBERS  OF  THE  FEDERAL  CONVENTION.     By  Hampton  L.  Carson    135 

THE  CONSTITUTION  OP  THE  UNITED  STATES  OF  AMERICA 238 

AMENDMENTS  TO  THE  CONSTITUTION 255 

HISTORY  OF  THE  AMENDMENTS  TO  THE  CONSTITUTION 259 

HISTORY  OF  THE  CONSTITUTIONAL  CENTENNIAL  COMMISSION.     By  Hampton  L.  Carson    .    261 

REPORT  OF  THE  COMMITTEE  ON  TRANSPORTATION.     By  William  J.  Latta 331 

REPORT  OF  THE  MEDICAL  DIRECTOR  OF  THE  VOLUNTEER  MEDICAL  CORPS.     By  C.  J. 

Cleborne,  M.D 338 

REPORT  OF  THE  COMMITTEE  OF  RECEPTION  OF  GUESTS.     By  William  H,  Staake    ....    355 

•  REPORT  OF  THE  COMMITTEE  ON  Music.     By  William  Henry  Lex 398. 

SELECTIONS  FROM  THE  CORRESPONDENCE  OF  THE  COMMISSION 401 

THE  CENTENNIAL  CELEBRATION  OF  THE  FRAMING  OF  THE  CONSTITUTION  OF  THE  UNITED 
STATES  BY  A  FRENCH  SPECTATOR.    By  L.  Vossion 447 


LIST  OF  ILLUSTRATIONS  TO  VOLUME  I. 


George  Washington  ....     Frontispiece. 

The  Capitol  at  Washington  ....  Facing  I 

Independence  Hall  (Exterior)     .    .  "  135 

Independence  Hall  (Interior)      .    .  "  136 

John  Langdon "  144 

Nicholas  Oilman "  146 

Nathaniel  Gorham "  147 

Rufus  King "  148 

William  Samuel  Johnson "  149 

Roger  Sherman "  150 

Alexander  Hamilton "  152 

William  Livingston "  155 

William  Paterson «  158 

Jonathan  Dayton "  160 

Benjamin  Franklin "  162 

Thomas  Mifflin "  165 

Robert  Morris "  166 

George  Clymer "  168 

Jared  Ingersoll "  170 

James  Wilson "  171 

Gouverneur  Morris "  173 

George  Read "  176 

Gunning  Bedford,  Jr "  178 

John  Dickinson "  179 


Richard  Bassett Facing  182 

James  McHenry "  184 

Daniel  of  St.  Thomas  Jenifer  ...  "  185 

Daniel  Carroll "  187 

John  Blair »  188 

James  Madison "  189 

William  Blount "  193 

Richard  Dobbs  Spaight "  194 

Hugh  Williamson "  195 

John  Rutledge "  196 

Charles  Cotesworth  Pinckney  ...  "  199 

Charles  Pinckney "  202 

Pierce  Butler "  203 

William  Few "  205 

Abraham  Baldwin "  206 

William  Jackson "  207 

Elbridge  Gerry "  209 

Edmund  Randolph "  211 

George  Mason "  214 

Caleb  Strong "  215 

Oliver  Ellsworth "  219 

John  Francis  Mercer "  223 

Luther  Martin "  225 


George  Wythe 


227 


XII 


LIST  OF  ILLUSTRATIONS  TO  VOLUME  /. 


James  McClurg Facing  228 

Alexander  Martin "       230 

,  • 

William  Richardson  Davie  ....       "       231 

John  Lansing,  Jr "        234 

Fac-simile  of  the  Constitution  of  the 

United  States "       238 

Patrick  Henry "        264 

Hall  of  the  Carpenters'  Company  .       "       265 
Portraits  of  Members  of  the  Execu- 
tive Committee  of  the  Constitu- 
tional Centennial  Commission : 
John  A.  Kasson, 
Amos  R.  Little, 
Hampton  L.  Carson,  Facing    278 
Thomas  Cochran, 
Joel  J.  Daily, 
Fac-simile  of  the  Card  of  Invita- 
tion   Facing  302 


Portraits  of  Chairmen  of  Sub-Committees  : 

A.  Loudon  Snowden, 

Samuel  Dickson, 

R.  C.  McMurlrie,  Facing    304 

Thomas  M.  Thompson, 

C.  J.  Cleborne, 
Portraits  of  Chairmen  of  Sub-Committees : 

Clinton  P.  Paine, 

Wm.  Henry  Lex, 

John  F.  Hartranft, 

Wm.  J.  Latta, 

Theodore  E.  Wiedersheim, 
Portraits  of  Chairmen  of  Sub-Committees : 

Jas.  A.  Beaver, 

Edwin  H.  Filler, 

Jesse  E.  Peyton, 

John  Bardsley, 

John  E.  Reybum, 


Facing   305 


Facing    306 


Plan  of  Stations  on  the  Route  of  the  Industrial  and  Military  Parades Facing     343 

Plan  of  Dressing  Stations  at  the  City  Hall «<          34c 

Plan  of  Dressing  Stations  at  Independence  Square «  •,*, 


ONE  HUNDREDTH  ANNIVERSARY 

OF   THE 

PROMULGATION  OF  THE  CONSTITUTION 

OF  THE 

UNITKD    STATKS. 


HISTORY  OF  THE  FORMATION  OF  THE  CONSTITUTION. 

BY    JOHN    A.    K  AS  SON. 


I.   INTRODUCTORY. 

THE  political  debates  of  the  present  generation  leave  a 
painful  impression  of  the  neglect  of  constitutional  study.  A 
failure  to  apprehend  the  reasons  upon  which  constitutional  pro- 
visions were  founded  has  too  frequently  led  astray  the  public 
judgment.  In  this  neglect  numerous  theories  of  construction 
have  found  their  source,  which  in  turn  have  led  to  additional 
debate,  until  the  public  records  of  discussion  on  constitutional 
questions  have  become  a  massive  collection,  which  obscures,  far 
more  than  it  enlightens,  the  popular  mind.  In  politics,  as  in 
religion,  the  commentaries  have  superseded  the  authority,  as  they 
have  darkened  the  simplicity,  of  the  original  text.  It  has  become 
a  duty  of  patriotism  to  awaken  the  spirit  of  constitutional  inquiry, 
emancipated  from  the  prejudices  of  party. 


VOL.  I. — 2 


2  THE  FORMATION  OF  THE  CONSTITUTION. 

The  existing  histories  of  the  Constitution,  and  the  legal  com- 
mentaries upon  it,  afford  ample  material  for  forming  a  correct 
judgment.  But,  unfortunately  for  the  general  public,  they  are 
too  voluminous  or  too  expensive  for  the  attainment  of  a  wide 
circulation  among  the  people.  The  Constitutional  Centennial 
Commission,  therefore,  have  thought  it  wise  to  add  to  their 
work  commemorating  the  great  anniversary  a  condensed  history 
of  that  instrument,  which  even  the  busy  American  people  may 
find  time  to  read. 

We  especially  appeal  to  the  youth  and  to  the  young  man- 
hood of  the  country,  now  preparing  in  the  schools  and  univer- 
sities for  the  higher  duties  and  functions  of  citizenship,  to 
abandon  the  study  of  the  superficial  theories  of  modern  party 
politics  for  the  nobler  study  and  profounder  thoughts  of  our 
constitutional  Fathers, — the  creators  of  our  free  and  powerful 
government  and  the  founders  of  a  republic  which  in  a  single 
century  has  advanced  to  the  foremost  rank  of  nations. 

The  present  union  of  the  States,  for  which  the  Fathers  so 
long  struggled  against  reciprocal  fears  and  jealousies,  and  amidst 
clashing  interests,  will  be  perfected  in  proportion  as  we  agree  in 
our  appreciation  of  the  Constitution  which  created  and  pre- 
serves it. 

All  vigorous  and  harmonious  national  life  demands  some 
object  of  common  reverence  and  devotion.  In  monarchical  coun- 
tries this  object  is  the  Crown,  or  the  person  on  whose  head  it 
rests.  In  our  republic  no  living  President,  accepted  or  rejected 
as  he  is  by  a  varying  majority  and  at  frequent  intervals,  can 
ever  become  the  object  of  general  and  concentrated  respect  and 
affection.  It  is  the  great  Charter  bequeathed  to  us  by  our 
Fathers,  and  that  alone,  which  can  give  to  our  whole  country 
its  central  object  of  obedience  and  reverence, — an  object  which 
shall  rise  above  all  the  changing  purposes  and  alliances  of  the 
passing  hour.  It  stands  supreme,  above  us  all,  ruling  our  rulers 


THE  PRELIMINARIES  OF  THE  CONFEDERACY.  3 

and  receiving  their  oath-bound  allegiance.  It  is  surrounded  by 
many  guards  against  the  assaults  of  transient  human  passion 
and  the  aggression  of  man's  selfish  ambitions.  It  rises  impe- 
rially above  the  Congress,  the  Courts,  and  the  President.  It 
was  living  before  we  came,  it  will  live  after  we  depart.  There 
it  stands,  and  is  ordained  to  remain,  immovable,  unchangeable, 
save  in  accordance  with  the  laws  of  its  own  life,  grand  in  its 
simplicity,  majestic  in  its  power.  To  this  only  Sovereign  of 
our  jurisdiction  and  Lord  Protector  of  our  rights  and  liberties 
our  allegiance  and  our  devotion  are  worthily  consecrated.  May 
the  youth  of  our  time,  when  they  shall  be  seated  in  the  places 
of  trust  and  authority,  show  themselves  the  enlightened  and 
willing  servants  of  this  immortal  Sovereign. 

II.    THE   PRELIMINARIES   OF   THE   CONFEDERACY. 

THE  Act  which  was  signed  at  Philadelphia  on  September  17, 
1787,  was  not  so  much  a  sudden  creation,  an  inspired  fact  of 
that  memorable  year,  as  it  was  a  logical  growth  out  of  many 
years  of  thoughtful  and  painful  experience. 

The  principles  of  that  nationalized  union  which  the  Consti- 
tution accomplished  had  already  been  stirring  in  the  breasts  of 
the  wise  and  the  patriotic  for  three  generations.  As  far  back 
as  1643,  four  weak  colonies  in  New  England  combined  in  a 
union  for  their  defence  against  all  common  dangers,  and  pro- 
vided for  its  continuance  by  a  common  parliament.  In  1697, 
William  Penn  proposed  an  annual  "congress,"  consisting  of  two 
delegates  from  each  colony.  They  were  to  have  power  to  pro- 
vide ways  and  means  for  supporting  their  union,  maintaining 
their  common  safety,  and  regulating  their  commerce.  In  1754, 
Franklin  prepared  a  plan  for  the  union  of  the  colonies,  with  a 
triennial  legislature,  and  a  governor-general  to  be  appointed  by 
the  English  government.  Each  colony  was  to  retain  the  control 


4  THE  FORMATION  OF  THE  CONSTITUTION. 

of  its  exclusively  domestic  affairs.  A  decade  later,  James  Otis, 
in  the  Massachusetts  Assembly,  pronounced  for  an  American 
congress  in  such  emphatic  tones  that  delegates  from  nine  of  the 
colonies  were  induced  to  assemble  in  New  York  in  i  765,  to  con- 
sider their  common  interests  and  to  protest  against  imperial 
taxation. 

The  activity  of  British  parliamentary  aggression  increased. 
In  like  proportion  the  spirit  of  American  union  became  more 
active;  and  in  1774  the  delegates  from  the  inhabitants  of  twelve 
colonies  met,  as  a  Continental  Congress,  for  the  protection  of 
their  common  rights.  The  conception  of  a  continental,  or 
American,  union  and  legislature  was  becoming  more  and  more 
familiar  to  the  people.  In  1775,  Joseph  Hawley  proposed  an 
annual  parliament  with  two  Houses. 

In  January,  1776,  there  appeared  a  pamphlet  from  the  hand 
of  Thomas  Paine,  in  which  he  advocated  with  all  the  vigor  and 
terseness  of  his  unsurpassed  rhetoric  a  more  resolute  advance. 
"  Let  a  continental  conference  be  held,"  said  he,  "  to  frame  a 
continental  charter,  drawing  the  line  of  business  and  jurisdic- 
tion between  members  of  Congress  and  members  of  Assembly, 
always  remembering  that  our  strength  and  happiness  are  con- 
tinental, not  provincial.  .  .  .  We  have  every  opportunity  and 
every  encouragement  to  form  the  noblest,  purest  CONSTITUTION 
on  the  face  of  the  earth."  The  convention  which  he  proposed 
for  this  end  was  to  consist  of  two  members  for  each  corporate 
colony,  chosen  by  its  legislature,  like  senators  in  the  present  Con- 
gress ;  two  more  to  be  chosen  by  the  Colonial  Congress  out  of 
each  colonial  delegation;  and  a  larger  number  to  be  chosen  directly 
by  the  people,  like  the  present  House  of  Representatives. 

Six  months  later  the  Colonial  Congress,  in  which  now  all  the 
thirteen  colonies  were  represented,  denounced  the  dominion  of 
England,  and  declared  their  own  complete  and  final  indepen- 
dence. 


THE  PRELIMINARIES  OF  THE   CONFEDERACY.  5 

In  discussing  the  nature  of  our  union  of  States,  whether  per- 
petual or  dissoluble  at  the  will  of  its  members,  the  disputants 
have  not  attached  sufficient  significance  to  this  great  act  of  the 
4th  of  July,  1776. 

It  was  not  a  declaration  of  independence  by  each  separate 
colony  as  a  distinct  civil  corporation.  It  was  a  joint  and 
national  act,  the  act  of  "ONE  PEOPLE,  to  dissolve  the  political 
bands  which  have  connected  them  with  another,  and  to  assume, 
among  the  powers  of  the  earth,  the  separate  and  equal  station 
to  which  the  laws  of  nature  and  of  nature's  God  entitle  them." 
The  colonies,  separately,  did  not  proclaim  their  independence 
nor  claim  among  the  powers  of  the  earth  a  separate  and  equal 
station.  It  was  a  united  national  act  which  dissolved  all  their  pro- 
vincial obligations.  "  We,  therefore,  the  representatives  of  the 
UNITED  STATES  OF  AMERICA,  in  general  Congress  assembled, 
.  .  .  do,  in  the  name,  and  by  the  authority  of  the  good  PEOPLE 
of  these  colonies,  solemnly  publish  and  declare"  freedom,  inde- 
pendence, and  the  absolution  of  allegiance  to  the  British  crown, 
with  "  power  to  levy  war,  conclude  peace,  contract  alliances, 
establish  commerce,  and  do  all  other  acts  and  things  which 
independent  States  may  of  right  do."  All  these  rights  and 
powers  were  declared  to  be  in  the  "  United,"  not  the  individual, 
States. 

This  conception  of  their  act  frequently  appears  in  the 
debates  of  the  Constitutional  Convention  and  in  later  debates. 
In  the  South  Carolina  Legislature  in  1788,  on  the  question  of 
calling  a  convention  to  ratify  the  new  Union,  one  of  their  most 
notable  statesmen,  Charles  Cotesworth  Pinckney,  speaking  of  the 
Declaration  of  Independence,  said :  "  This  admirable  manifesto 
sufficiently  refutes  the  doctrine  of  the  individual  sovereignty  and 
independence  of  the  several  States.  .  .  .  The  separate  independ- 
ence and  individual  sovereignty  of  the  several  States  were  never 
thought  of  by  the  enlightened  band  of  patriots  who  framed  this 


6  THE  FORMATION  OF  THE   CONSTITUTION. 

Declaration.  The  several  States  are  not  even  mentioned  by 
name  in  any  part.  .  .  .  Let  us  then  consider  all  attempts  to 
weaken  this  union,  by  maintaining  that  each  State  is  separately 
and  individually  independent,  as  a  species  of  political  heresy 
which  can  never  benefit  us,  but  may  bring  on  us  the  most 
serious  distresses."  An  argument  and  a  prophecy  in  one  state- 
ment. 

The  Declaration  formed  the  only  constitution  or  written  bond 
of  the  independent  United  States  until  the  last  State  ratified  the 
Articles  of  Confederation,  March  i,  1781. 

But  the  colonies,  now  States,  did  not  proceed  upon  that 
theory  of  united  rights  to  its  logical  result  of  fortifying  the 
central  authorities.  Having  a  history  of  both  separate  and  joint 
resistance  to  a  common  sovereign  in  England,  they  were  jealous 
of  any  centralized  power  which  was  not  aimed  sharply  and 
directly  against  the  military  power  from  which  they  sought  deliv- 
erance. Some  of  them,  being  more  liable  to  invasion  and 
plunder  than  others,  were  unwilling  even  to  allow  central  con- 
trol of  the  military  forces  and  operations.  Communications  with 
many  of  the  colonies  were  limited  and  difficult,  and  personal 
knowledge  of  leaders  insufficient  to  secure  confidence.  Military 
organization  was  everywhere  local.  Local  jealousies  were  easily 
inflamed,  and  personal  ambitions  were  abundant.  Local  appeals 
to  protect  home  interests  only  were  largely  effective  in  closing 
the  eyes  of  the  people  to  the  greater  proposition,  that  local 
interests  could  only  be  permanently  protected  by  a  common 
devotion  to  the  general  and  united  interests.  They  could  not 
understand  that  a  central  power,  located  in  Philadelphia  or 
Annapolis,  could  watch  equally  well  the  coasts  of  Rhode  Island 
and  of  Virginia,  or  apply  equally  just  regulations  of  commerce 
to  New  York  and  South  Carolina.  The  obstacles  to  the  crea- 
tion of  an  effective  legislative  and  executive  power  over  all  the 
States  were  enormous,  and  appeared  insurmountable.  While 


THE  PRELIMINARIES   OF  THE   CONFEDERACY.  7 

their  independence  was  national,  their  personal  aspirations  were 
still  provincial.  They  could  not  agree  upon  the  terms  of  a 
league  or  confederation.  Congress  had  proposed  Articles  of 
Confederation,  vesting  very  limited,  but  inherent,  powers  in  Con- 
gress, in  1777.  But  the  war  was  nearly  over  before  their 
acceptance  by  all  the  States. 

The  primary  cause  of  this  delay  is  to  be  found  in  the  fact 
that  Congress  was  not  elected  by  the  people.  Its  members 
were  simple  delegates  of  the  provincial  authority,  and  revocable 
at  will,  like  diplomatic  agents.  They  had  no  inherent  authority. 
The  strongest  and  ablest  men  remained  largely  at  home,  pre- 
ferring the  dignity  of  the  controlling  authority  in  the  State  to 
that  of  a  subordinate  agent  at  Philadelphia 

Washington  made  urgent  appeals  on  this  subject,  especially 
to  his  friends  in  Virginia.  He  wrote  to  George  Mason  in  1779: 
"I  cannot  refrain  lamenting  in  the  most  poignant  terms  the 
fatal  policy,  too  prevalent  in  most  of  the  States,  of  employing 
their  ablest  men  at  home  in  posts  of  honor  or  profit  till  the 
great  national  interest  is  fixed  upon  a  solid  basis.  .  .  .  Where 
are  our  men  of  abilities  ?  Why  do  they  not  come  forth  to  save 
our  country  ?  Let  this  voice,  my  dear  sir,  call  upon  you,  Jeffer- 
son, and  others."  He  had  before  appealed  to  Harrison,  Wythe, 
Nicholas,  Pendleton,  and  Nelson  "  not  to  be  satisfied  with  places 
in  their  own  State  while  the  common  interests  of  America  were 
mouldering  and  sinking  into  irretrievable  ruin,  but  to  attend  to 
the  momentous  concerns*  of  an  empire." 

Nothing  shows  more  conclusively  than  these  touching  ap- 
peals from  the  great  heart  of  Washington  that  the  separate 
colonial  States  did  not  yet  grasp  the  idea  of  a  great  continental 
nation.  The  union  had  become  for  them  an  organism  designed 
only  to  establish  the  independence  of  the  individual  States. 
Their  vision  was  checked  by  the  boundary-line  defined  in  their 
colonial  charter.  They  saw  not  yet  the  finger  of  God  pointing 


8  THE  FORMATION  OF  THE  CONSTITUTION. 

to  a  grand,  united  people,  spanning  the  continent  with  a 
supreme  and  powerful  central  government,  protecting  popular 
liberty,  securing  personal  rights,  and  symbolized  by  a  starry 
flag  with  which  the  world  should  have  none  to  compare,  so 
radiant  with  hope,  so  illustrious  in  peace,  and  so  bright  with 
promise  to  mankind. 

In  the  mean  time  Congress  remained  a  mere  adviser  of  the 
States.  It  could  only  recommend  measures  which  the  States  had 
the  liberty  to  adopt  or  reject,  in  whole  or  in  part.  Congress 
had  become  a  beggar  at  their  doors.  Nothing  is  so  difficult  to 
persuade  as  the  surrender  of  power  by  its  possessors.  The 
States  were  in  fact  assuming  a  sovereign  power,  and  could  not 
be  induced  to  voluntarily  transfer  it  to  another  authority.  The 
force  of  adversity,  even  of  necessity,  was  required  to  convince 
them  that  only  by  the  surrender  of  a  part  could  they  possess  the 
benefits  of  the  whole. 

The  leaders  of  the  patriotic  movement  soon  became  con- 
vinced that  no  combination  of  a  central  government  could  be 
accomplished  through  the  action  or  the  recommendation  of  that 
Amphictyonic  Council,  styled  a  Congress.  Mr.  Edward  Rut- 
ledge,  as  early  as  August,  1776,  suggested  to  Robert  R.  Living- 
ston the  appointment  by  the  States  of  a  new  and  special  Con- 
gress for  the  purpose  of  organizing  a  confederation.  There 
does  not  appear  any  encouraging  echo  to  this  proposition,  from 
any  authoritative  quarter,  until  four  years  later.  Meantime  Con- 
gress struggled  along  as  best  it  could,  directing  warlike  and 
diplomatic  operations  through  its  committees,  and  always  subject 
to  the  changing  will  of  the  several  States,  and  to  their  refusal  or 
neglect  of  the  duties  required  of  them  for  the  general  welfare. 
The  difficulties  of  the  situation  became  more  and  more  apparent 
as  the  war  dragged  its  weary  course,  and  complaints  against  the 
army,  as  well  as  coming  from  the  army,  were  heard.  In  17^0 
the  four  New  England  States  gave  expression  to  their  impatience 


THE  PRELIMINARIES   OF  THE   CONFEDERACY.  g 

over  the  intolerable  condition  of  central  affairs  by  meeting  in 
convention  at  Boston,  in  the  month  of  August.  They  demanded 
a  substantial  union,  with  a  visible  head,  and  a  Congress  "  compe- 
tent for  the  government  of  all  those  common  and  national  affairs 
which  do  not  nor  can  come  within  the  jurisdiction  of  the  particular 
States."  They  invited  their  own  States  and  New  York,  with  all 
others  disposed  to  come,  to  meet  in  convention  at  Hartford.  The 
following  month  Governor  Clinton  recommended  the  acceptance 
of  the  invitation,  saying,  "  Our  embarrassments  in  the  prosecution 
of  the  war  are  chiefly  to  be  attributed  to  a  defect  of  power  in 
those  who  ought  to  exercise  a  supreme  jurisdiction  ;  for  while 
Congress  only  recommends,  and  the  different  States  deliberate 
upon  the  propriety  of  the  recommendation,  we  cannot  expect  a 
union  of  force  or  council."  Philip  Schuyler,  supported  by  the 
Senate,  responded  in  words  the  truth  of  which  has  been  strongly 
reinforced  at  a  later  period  of  our  history :  "  We  perceive  the 
defects  of  the  present  system,  and  the  necessity  of  a  SUPREME  AND 
COERCIVE  TOWER  in  the  government  of  these  States ;  and  are  per- 
suaded that,  unless  Congress  are  authorized  to  direct  uncontrol- 
lably the  operations  of  war,  and  enabled  to  enforce  a  compliance 
with  their  requisitions,  the  common  force  can  never  be  properly 
united."  Hamilton  demanded  more  emphatically  an  immediate 
convention,  with  full  authority  to  set  up  a  vigorous  confederation. 
General  Greene  also  expressed  the  feeling  of  the  army  when  he 
wrote  to  a  Congressional  delegate,  "  Call  a  convention  of  the  States, 
and  establish  a  Congress  upon  a  constitutional  footing." 

The  Hartford  Convention  assembled  in  November,  New  York 
only  being  present  with  the  Eastern  States.  Their  resolutions 
were  not  only  patriotic,  but  statesmanlike.  After  adopting  prop- 
ositions to  strengthen  the  public  credit,  they  agreed  upon  a 
communication  to  be  addressed  to  all  the  States.  Experience 
had  by  this  time  clearly  shown  that  the  merely  recommendatory 
powers  of  Congress  were  wholly  insufficient.  They  must  be 

VOL.  I.— 3 


10  THE  FORMATION  OF  THE   CONSTITUTION. 

changed  to  mandatory.  "All  government  supposes  the  power 
of  coercion,"  they  said ;  "  this  power,  however,  never  did  exist  in 
the  general  government  of  the  continent,  or  has  never  been 
exercised.  .  .  .  The  States,  individually  considered,  while  they 
endeavor  to  retain  too  much  of  their  independence,  may  finally 
lose  the  whole.  .  .  .  We  shall  be  without  a  solid  hope  of 
peace  and  freedom  unless  we  are  properly  cemented  among 
ourselves."  An  account  of  all  their  proceedings  was  transmitted 
to  Congress,  and  to  General  Washington,  as  well  as  to  all  their 
sister  States. 

The  patriotic  earnestness  of  this  convention  appears  to  have 
at  last  moved  the  diverse  minds  towards  greater  union  and  a 
stronger  central  power.  Their  report  was  read  in  open  Con- 
gress in  December,  and  referred  to  a  committee  which  embraced 
some  of  the  strongest  members.  Pennsylvania  and  New  Jersey 
gave  further  evidence  of  a  desire  to  increase  the  powers  of 
Congress. 

Finally,  on  March  i,  1781,  amid  expressions  of  general  satis- 
faction, the  last  signature  was  affixed  to  the  Articles  of  Confed- 
eration, in  the  presence  of  Congress.  In  view  of  their  ratifica- 
tion, Mr.  Duane,  of  New  York,  wrote:  "Let  us  devote  this  day  to 
joy  and  congratulation,  since  by  the  accomplishment  of  our 
federal  union  we  are  become  A  NATION.  In  a  political  view  it 
is  of  more  real  importance  than  a  victory  over  all  our  enemies." 
The  final  ratification  was  formally  announced  to  the  several 
States,  and  to  diplomatic  agents  abroad  for  the  information  of 
friendly  foreign  governments. 

As  we  now  read  these  Articles,  we  are  amazed  that  they 
should  have  been  the  subject  of  congratulation,  as  if  they  were 
the  completion  of  the  work  of  national  organization.  Yet  it  is 
only  by  an  appreciation  of  the  patriotic  gratification  then  ex- 
pressed over  that  narrow  grant  of  national  power  that  we  can 
understand  the  extent  of  the  reluctance  of  the  States,  particu- 


THE  ARTICLES  OF  CONFEDERATION.  II 

larly  of  the  delinquent  States,  to  surrender  for  the  general  wel- 
fare the  least  share  of  their  newly-acquired  independence.  Time, 
discussion,  experience,  personal  association,  all  were  needed  as 
ripening  influences  for  the  real  constitution  and  union  which 
were  still  in  the  bud,  and  still  exposed  to  many  dangers  of  cold 
and  heat.  On  all  affairs  of  serious  import  each  State  would  fain 
reserve  a  power  of  veto.  Local  fear  and  jealousy  lurked  in  every 
paragraph  of  this  frail  bond.  A  review  of  the  powers  which  it 
refused,  or  closely  limited,  will  disclose  to  us  the  unhappy  con- 
dition in  which  it  left  a  struggling  but  hopeful  nation. 

III.    THE   ARTICLES   OF   CONFEDERATION,    1781. 

EACH  State  retained  "every  power,  jurisdiction,  and  right  not 
expressly  delegated."  By  this  they  prohibited  all  development 
induced  by  the  logic  of  events  and  by  the  necessities  of  inevitable 
growth. 

The  States  agreed  to  defend  each  other  against  any  attack 
made  upon  them,  under  whatever  pretence. 

The  free  inhabitants  of  one  State  were  to  have  equal  privi- 
leges of  movement,  trade,  etc.,  in  all  other  States,  subject  only  to 
the  prevailing  conditions  of  local  citizens. 

Each  State  was  to  have  one  vote,  and  a  number  of  delegates 
not  less  than  two  nor  more  than  seven,  all  maintained  at  the 
expense  of  the  State  sending  them,  and  prohibited  from  receiving 
any  salary  or  emolument  from  the  United  States,  even  if  admin- 
istering an  office  under  them.  The  delegates  were  to  be  annu- 
ally appointed,  and  revocable  at  the  will  of  the  State.  They  were 
to  meet  in  Congress  on  the  first  Monday  of  November  of  each 
year. 

The  sixth  article  prohibited  each  State  from  any  alliance, 
treaty,  or  confederation  with  each  other,  or  with  a  foreign  State, 
without  consent  of  Congress,  and  from  laying  any  duties  incon- 


12  THE  FORMATION  OF  THE   CONSTITUTION. 

sistent  with  the  treaties  then  in  negotiation  with  France  and 
Spain.  Commercial  regulation  and  imposts  and  duties  remained 
within  the  power  of  each  State. 

The  several  States  retained  the  right  to  issue  letters  of  marque 
and  commissions  to  vessels  of  war,  after  war  should  have  been 
declared.  But  the  power  to  make  war  and  peace  was  vested  in 
Congress. 

Taxes  for  war-charges  and  for  the  common  expenses  were  to 
be  laid  and  levied  by  the  individual  States  in  their  respective  pro- 
portions, without  power  in  Congress  to  enforce  or  interfere  with 
their  collection. 

The  United  States  could  make  no  treaty  of  commerce  which 
should  restrain  a  State  from  prohibiting  the  exportation  or  impor- 
tation of  any  goods  or  commodities  whatever. 

The  States  retained  the  power  to  coin  money,  while  granting 
the  same  power  to  Congress ;  but  Congress  might  regulate  the 
alloy  and  value.  The  States  retained  power  also  to  appoint  the 
regimental  officers  in  the  army  of  the  United  States. 

The  plan  of  the  confederation  contemplated  a  government 
of  national  affairs  by  special  committees  of  Congress.  It  could 
appoint  one  of  its  own  members  to  preside ;  but  so  jealous  were 
they  of  the  semblance  of  a  single  executive  that  they  limited  his 
service  to  one  year,  and  made  him  then  ineligible  for  the  two 
years  following,  ignoring  all  the  benefits  of  personal  experience 
in  affairs,  even  in  time  of  war. 

Having  enumerated  the  narrow  powers  which  Congress 
might  exercise,  they  put  upon  that  body  the  following  further 
limitation : 

'  The  United  States  in  Congress  assembled  shall  never  engage 
in  a  war ;  nor  grant  letters  of  marque  and  reprisal  in  time  of 
peace ;  nor  enter  into  any  treaties  or  alliances ;  nor  coin  money ; 
nor  regulate  the  value  thereof;  nor  ascertain  the  sums  and  ex- 
penses necessary  for  the  defence  and  welfare  of  the  United  States 


THE  ARTICLES   OF  CONFEDERATION.  13 

or  any  of  them ;  nor  emit  bills ;  nor  borrow  money  on  the  credit 
of  the  United  States ;  nor  appropriate  money ;  nor  agree  upon 
the  number  of  vessels  of  war  to  be  built  or  purchased,  or  the 
number  of  land  or  sea  forces  to  be  raised ;  nor  appoint  a  com- 
mander-in-chief  of  the  army  or  navy;  unless  nine  States  assent 
to  the  same."  This  required  a  majority  of  two-thirds  for  any  of 
these  acts. 

The  consent  of  nine  of  the  thirteen  States  was  required  to 
vest  any  power  in  the  General  Committee  of  Thirteen,  authorized 
to  sit  in  the  recess  of  Congress  ;  and  even  then  no  power  could 
be  delegated  to  this  committee  which  was  enumerated  in  the 
Articles  as  specially  requiring  the  assent  of  nine  States  for  its 
valid  exercise. 

The  Articles  further  declared  that  "  the  Union  shall  be  per- 
petual ;"  and  styled  the  compact,  "  Articles  of  Confederation  and 
Perpetual  Union."  No  amendment  could  be  made  except  by 
agreement  of  Congress,  with  the  ratification  of  every  State. 
Each  State  bound  itself  to  abide  by  the  decisions  of  the  Congress 
in  all  matters  submitted  to  their  jurisdiction  by  the  Articles  of 
Confederation. 

This  "  firm  league  of  friendship"  between  the  States  was  re- 
ported from  a  committee  on  July  12,  1776,  and  was  under  debate 
from  time  to  time  for  two  years.  At  the  date  of  July  9,  1778, 
only  ten  States  had  ratified  it.  And  when  Maryland  completed 
the  ratification,  in  March,  1781,  these  Articles  represented  the 
entire  progress  of  the  country  towards  a  solid  union  during  the 
five  years  of  experience  of  war  and  weakness  and  inefficiency  of 
the  government.  Justice  demands  of  history  some  explanation 
of  this  unsatisfactory  result,  which  shall  be  consistent  with  the 
undoubted  patriotism  and  the  unquestioned  intellectual  ability  of 
the  statesmen  of  that  time. 

The  colonies  were  originally  established  under  the  control 
6f  different  political  and  religious  ideas,  and  their  immigration 


14  THE  FORMATION  OF  THE  CONSTITUTION. 

was  from  variant  nationalities.  The  New  England  colonies  were 
of  more  uniform  composition  than  any  other  group.  Protestant 
individuality  and  sturdy  personal  independence  were  there  most 
emphasized.  Commerce  became  their  controlling  interest.  The 
town-meeting,  the  common  school,  the  church-meeting,  and  the 
militia  formed  the  foundation  of  their  social  organization.  The 
elements  in  New  York  were  largely  of  Dutch  origin,  not  given 
to  enthusiasm,  not  sympathetic,  but  tenacious  of  opinion  and  of 
property  interests.  There  were  found  large  agricultural  estates 
and  seigniorial  rights  which  divided  the  control  with  commercial 
interests.  English  hereditary  characteristics  both  here  and  in 
New  Jersey  mingled  with  and  modified  those  of  continental 
origin.  In  Pennsylvania  the  elements  of  population  were  com- 
posite. The  English  religious  opinions  and  sentiments  introduced 
by  Penn  influenced  a  more  lethargic  population  from  continental 
Eur'ope,  and  disposed  their  minds  to  the  arts  of  peace  and  the 
love  of  concord.  Her  moral  position  was  that  of  a  mediator. 
The  controlling  elements  in  Virginia  were  of  good  English  origin, 
exercising  a  positive  dominion  over  that  portion  of  the  white 
population  which  represented  an  inferior  immigration  of  question- 
able antecedents.  Like  the  trained  leaders  of  New  England,  the 
educated  leaders  in  Virginia  and  in  South  Carolina  were  men  of 
clear  perceptions,  decided  opinions,  and  strongly  attached  to 
political  theories.  The  Southern  States  were  generally  controlled 
in  their  material  interests  by  the  demands  of  agriculture.  While 
slavery  existed  in  small  degree  in  the  Northern  States,  it  was  a 
powerful  interest  only  in  the  South.  The  dominant  religious 
sentiment  also  varied  in  the  various  States.  In  some  the  church 
and  schools  were  supported  by  State  taxation,  in  others  not.  To 
these  various  and  often  conflicting  elements  must  be  added  the 
pro-slavery  and  anti-slavery  dissension  already  existing,  and  not 
limited  by  geographical  divisions. 

Besides  these  considerations,  there  existed  that  natural  distrust 


THE  ARTICLES  GF  CONFEDERATION.  15 

of  strangers,  and  especially  of  their  influence  in  any  degree  over 
domestic  affairs  of  the  different  colonies,  which  can  only  be 
obviated  by  frequent  association  and  intimate  acquaintance.  The 
close  association  of  the  officers  of  the  army  during  the  war  of 
independence,  their  participation  in  common  perils  and  struggles 
and  for  a  common  object,  had  with  them  effected  to  a  large 
extent  the  removal  of  this  distrust.  The  movement  for  a  closer 
union  of  the  States  found  among  them  its  most  ardent  supporters 
and  constant  advocates.  Their  descendants,  in  the  Society  of 
the  Cincinnati,  commemorate  still  the  patriotic  efforts  of  their 
ancestors  to  accomplish  the  great  constitutional  union. 

The  opposition,  both  inert  and  active,  to  a  genuine  and 
vigorous  national  authority,  appeared  most  uniformly  in  the  local 
legislatures,  and  among  men  who  were  not  personally  engaged 
in  the  war.  They  transferred  their  opposition  towards  alien 
English  control  to  alien  American  control ;  for  they  still  regarded 
the  other  colonies,  in  some  proportion  to  the  distance  of  their 
territory,  as  aliens  and  strangers  to  their  respective  common- 
wealths. Their  confederation  itself,  therefore,  was  little  more 
than  a  treaty  between  forced  allies,  who  were  jealous  of  each 
other,  and  would  each  retain  a  veto  upon  the  acts  of  all,  except 
in  those  few  points  where  the  immediate  danger  from  Europe 
controlled  their  fears  of  domestic  rivalry. 

Nor  was  human  nature  a  century  ago  free  from  those  imper- 
fections which  to-day  mark  the  characteristics  of  our  public  life. 
Personal  envies  and  jealousies  and  competitions  were  too  rife  for 
the  best  expedition  of  public  affairs.  Personal  criticisms  were 
violent  and  often  reckless.  In  a  time  of  war,  when  all  the  in- 
struction of  history  enforces  the  necessity  of  a  concentration  of 
power  in  a  vigorous,  decisive,  central  authority,  thirteen  authori- 
tative heads  were  interposed,  which,  in  turn,  were  subject  to  thir- 
teen other  widely  separated  heads.  No  presiding  officer  could 
remain  in  his  place  more  than  one  year  in  three,  lest  one  man 


I  6  THE  FORMATION  OF  THE  CONSTITUTION. 

or  one  State  should  offer  talents  and  furnish  experience  which 

mio-ht  lead   to  an  excessive  influence  for  himself  or  his  State. 
& 

From  the  perusal  of  the  records  of  that  epoch  we  rise  with 
amazement  at  the  unshaken  patience,  moderation,  and  firmness 
of  Washington,  who  persistently  sought  the  establishment  of  con- 
fidence and  concord,  and  kept  himself  unsullied  and  faithful  amidst 
the  virulence,  jealousies,  and  passions  of  the  time. 

IV.    PRELIMINARIES   OF  THE   NEW   CONSTITUTION. 

THE  abler  men  among  the  patriots  then  in  military  and  civil 
life  were  not  deceived  by  any  fond  hopes  flowing  from  the  adop- 
tion of  this  instrument.  They  clearly  foresaw  the  difficulties  and 
embarrassments  still  interposed  against  the  successful  adminis- 
tration of  government,  alike  in  war  and  peace.  Hardly  had  the 
announcement  of  the  ratification  of  the  Confederation  reached 
the  various  State  capitals  before  the  letters  and  pamphlets  of  the 
time  disclosed  its  defects  and  insufficiency.  Again  was  heard  a 
call  for  a  constitutional  convention.  Within  a  few  months  from 
the  approval  of  the  Confederacy  by  Maryland  the  dissatisfaction 
found  wide  and  emphatic  expression.  Washington,  whose  efforts 
to  secure  the  organization  of  a  vigorous  union  and  government 
were  as  constant  as  his  devotion  to  his  weighty  military  duties, 
showed  a  painful  consciousness  that  the  Confederate  constitution 
was  wholly  inadequate  to  the  demands  of  the  time.  He  regarded 
it  as  chiefly  important  in  completing  the  formal  alliance  of  the 
States.  "  If  the  powers  granted  to  the  head  of  the  States,"  he 
said,  "are  inadequate,  the  defects  should  be  considered  and 
remedied.  Danger  may  spring  from  delay.  The  present  temper 
of  the  States  is  friendly  to  the  establishment  of  a  lasting  union  ; 
the  moment  should  be  improved ;  if  suffered  to  pass  away  it  may 
never  return ;  and,  after  gloriously  and  successfully  contending 
against  the  usurpations  of  Britain,  we  may  fall  a  prey  to  our  own 


PRELIMINARIES  OF  THE  NEW  CONSTITUTION.  17 

follies  and  disputes.  ...  A  nominal  head,  which  at  present  is 
but  another  name  for  Congress,  will  no  longer  do.  That  honor- 
able body  .  .  .  must  dictate,  and  not  merely  recommend.  .  .  . 
Without  a  controlling  power  in  Congress  it  will  be  impossible  to 
carry  on  the  war."  Hoping  that  public  affairs  would  now  put 
on  a  different  aspect,  he  added,  "but  not  unless  Congress  is 
vested  with,  or  will  assume,  greater  powers  than  they  exert  at 
present,  and  will  dispense  them  freely,  upon  general  principles, 
to  the  ministers  of  State."  He  addressed  himself  in  this  sense, 
and  with  urgency,  to  leaders  in  different  States. 

In  the  mean  time  Congress  itself  had  appointed  a  second  and 
able  committee  to  examine  the  Articles,  "  to  prepare  an  exposition 
of  the  Confederation,"  a  plan  for  its  complete  execution,  and 
supplemental  articles.  This  committee  reported  a  series  of  sub- 
jects upon  which  laws  should  be  framed  for  the  execution  of  the 
Articles,  but  declined  to  make  an  "  exposition"  of  the  Articles  for 
the  significant  reason,  among  others,  that  "  the  omission  to  enu- 
merate any  Congressional  powers  would  become  an  argument 
against  their  existence,  and  it  will  be  early  enough  to  insist  upon 
them  when  they  shall  be  exercised  and  disputed."  So  early  did 
questions  of  constitutional  construction  arise ;  and  so  promptly 
was  the  necessity  for  "  supplemental  articles"  made  apparent. 
They  proposed  seven  distinct  recommendations  for  increasing 
the  powers  of  Congress.  All  this  was  made  known  to  the  States, 
but  apparently  without  producing  a  movement  for  their  adop- 
tion. 

Such  incomplete  measures  encountered  a  double  opposition. 
The  States  were  in  large  part  unwilling  to  have  any  force  applied 
to  their  delinquency,  and  equally  unwilling  to  diminish  their 
reserved  powers.  The  friends  and  advocates  of  a  strong  national 
government,  on  the  other  hand,  were  indifferent  to  these  half- 
measures,  knowing  how  far  they  failed  of  affording  relief  to  the 
country.  Of  the  latter  class  Hamilton  expressed  the  sentiments 

VOL.  I. — 4 


1 8  THE  FORMATION  OF  THE  CONSTITUTION. 

when  he  published  these  words :  "  There  is  hardly  a  man  who  will 
not  acknowledge  the  Confederation  unequal  to  a  vigorous  prose- 
cution of  the  war,  or  to  the  preservation  of  the  Union  in  peace. 
The  Federal  government,  too  weak  at  first,  will  continually  grow 
weaker.  .  .  .  We  ought  without  delay  to  enlarge  the  powers  of 
Congress.  Every  plan  of  which  this  is  not  the  foundation  will  be 
illusory." 

During  the  years  1781-82  the  condition  of  the  finances  was 
constantly  growing  worse,  paper  money  had  become  almost 
worthless,  the  army  wanted  pay,  requisitions  were  disobeyed,  and 
anxiety  and  distress  were  general.  Congress  organized  with 
more  or  less  success  some  departments  of  administration ;  but 
these  found  themselves  seriously  ineffective  for  want  of  powers 
and  want  of  revenue.  France  agreed  to  make  another  small 
loan,  with  assurance  that  nothing  more  must  be  expected  from 
her,  and  accompanied  by  reproaches  upon  the  unwillingness  of 
the  States  to  exert  themselves. 

At  this  time  of  general  conflict  of  material  interests,  of  social 
elements,  of  political  aims,  and  of  personal  ambitions,  Schuyler 
and  Hamilton  urged,  and  both  branches  of  the  legislature  of  New 
York  adopted,  resolutions  (July,  1782)  unanimously  recommending 
Congress  to  propose  "and  each  State  to  adopt  the  measure  of 
assembling  a  general  convention  of  the  States,  specially  author- 
ized to  revise  and  amend  the  Confederation,  reserving  a  right  to 
the  respective  legislatures  to  ratify  their  determinations."  These 
resolutions  were  communicated  to  Congress,  and  to  the  State 
governments. 

Meantime,  the  proposition  to  so  enlarge  the  powers  of  Con- 
gress that  they  might  obtain  a  revenue  from  duties  on  imports 
had  been  ratified  by  all  the  States  except  Rhode  Island.  Con- 
gress was  about  to  send  a  committee  to  obtain  the  assent  of 
that  State  when  the  Virginia  Legislature  (December,  1782),  on 
the  motion  of  Richard  Henry  Lee,  most  unexpectedly  retracted 


PRELIMINARIES  OF  THE  NEW  CONSTITUTION.  19 

its  previous  assent,  on  the  ground  that  it  involved  a  surrender 
of  the  State  sovereignty. 

This  refusal  on  the  part  of  so  important  a  Confederate  mem- 
ber as  Virginia  gave  a  shock  to  the  Confederacy  itself.  It 
seemed  not  only  a  refusal  of  this  particular  measure  for  the 
support  of  the  Union,  but  its  principle  tended  against  all  powers 
in  Congress  which  should  operate  in  any  way  directly  upon  the 
citizens  of  a  State.  Yet  it  proved  a  step  in  the  march  to  a 
more  perfect  union.  Parties  in  that  State  divided,  one  led  by 
the  mover  of  that  resolution,  and  supported  by  Arthur  Lee, 
Mercer,  and  Bland ;  the  other,  by  Madison,  with  the  positive  sup- 
port of  Washington.  Meanwhile,  its  immediate  effect  operated 
to  the  serious  disadvantage  of  the  country.  Hostilities  had 
practically  terminated.  Adjustment  of  new  commercial  relations 
with  Great  Britain  remained  to  be  effected.  Congress  had  no 
power  to  regulate  commerce  or  pass  a  navigation  act.  After 
the  peace,  the  question  whether  American  vessels  were  national 
or  State  was  raised  in  Parliament  (May,  1783).  Lord  Thurlow 
said :  "  I  have  read  an  account  which  stated  the  government  in 
America  to  be  totally  unsettled,  and  that  each  province  seemed 
intent  on  establishing  a  distinct,  independent,  sovereign  State." 
And  Parliament  decided  to  commit  all  American  commercial 
rights  to  the  arbitrary  will  of  the  King  in  council.  Jay  wrote 
that  no  time  should  be  lost  in  raising  and  maintaining  a  national 
spirit  in  America.  Gouverneur  Morris  replied  that  the  British 
restrictions  would  do  us  "more  political  good  than  commercial 
mischief;"  true  energy  in  our  general  government  would  yet 
be  supplied.  Lord  North  discussed  our  situation,  and  predicted 
utter  powerlessness  in  our  Confederacy,  each  State  having  re- 
served to  itself  every  power  relative  to  imports,  exports,  prohi- 
bitions, and  duties,  and  recommended  that  the  States  be  sepa- 
rately dealt  with.  They  did  not  fail  to  discover  in  this  the 
means  of  further  weakening  a  power  which  with  perfect  union 


20  THE  FORMATION  OF  THE   CONSTITUTION. 

might  become  formidable.  Slowly  these  English  views  reached 
and  affected  American  opinion.  Lafayette  also  by  correspond- 
ence urged  the  consolidation  of  the  Union. 

Additional  pressure  was  brought  to  bear  upon  public  opinion 
by  the  discontent  and  urgent  demands  of  the  army  for  their  pay, 
long  time  in  arrears.  Their  violent  and  indignant  spirit  was  only- 
subdued  by  the  discreet  action,  patriotic  words,  and  personal 
intervention  of  Washington,  who  besought  them  not  to  sully 
their  glory  by  a  mutinous  act  at  the  close  of  a  glorious  career. 
Upon  their  disbandment,  a  few  months  later,  they  organized  the 
Society  of  Cincinnati,  with  the  emphatic  pledge  of  an  "unalter- 
able determination  to  promote  and  cherish  union  between  the 
States,"  and  separated  without  a  penny  of  pay.  The  influence 
of  the  army  was  reinforced  by  that  of  the  public  creditors,  who 
were  wholly  unprovided  for ;  not  only  the  creditors  at  home,  but 
also  in  France  and  Holland,  all  of  whom  became  clamorous  for 
some  action  looking  to  the  payment  of  their  obligations.  Ham- 
ilton expressed  utter  want  of  confidence  in  temporary  revenue 
measures  which  depended  on  State  action. 

In  April,  1783,  and  after  the  announcement  of  peace,  Con- 
gress took  up  the  New  York  resolutions  for  a  general  consti- 
tutional convention,  and  referred  them  to  a  committee  of  nine. 
Washington's  earnestness  for  a  more  complete  union  was  mani- 
fested with  the  profound  sincerity  and  warmth  of  an  apostle  of 
religion.  He  addressed  communications  of  great  force,  both  to 
Congress  and  to  all  the  governors  of  States,  urging  the  impera- 
tive necessity  of  prompt  and  united  action  to  rescue  the  country 
from  bankruptcy  and  disorder,  and  to  preserve  by  their  union 
the  inestimable  rights  secured  through  the  long  struggles  of  the 
Revolutionary  war.  "  The  honor,  power,  and  true  interest  of  this 
country  must  be  measured  by  a  continental  scale.  To  form  a 
new  constitution  that  will  give  consistency,  stability,  and  dignity 
to  the  Union,  and  sufficient  powers  to  the  great  council  of  the 


PRELIMINARIES  OF  THE  NEW  CONSTITUTION.  21 

nation  for  general  purposes,  is  a  duty  incumbent  on  every  man 
who  wishes  well  to  his  country.  ...  If  a  spirit  of  discussion  or 
obstinacy  and  perverseness  should  in  any  of  the  States  attempt 
to  frustrate  all  the  happy  effects  that  might  be  expected  to  flow 
from  the  Union,  that  State  which  puts  itself  in  opposition  to  the 
aggregate  wisdom  of  the  continent  will  alone  be  responsible  for 
the  consequences.  .  .  .  Happiness  is  ours,  if  we  seize  the  occa- 
sion and  make  it  our  own.  .  .  .  Whatever  measures  have  a  ten- 
dency to  dissolve  the  Union,  or  to  violate  or  to  lessen  the  sov- 
ereign authority,  ought  to  be  considered  as  hostile  to  the  liberty 
and  independence  of  America."  These  sentiments  were  sup- 
ported by  an  irresistible  argument,  based  on  the  then  existing 
condition  of  affairs,  and  were  communicated  by  the  governors  to 
their  legislatures  in  every  State.  He  formulated  no  plan,  but 
avowed  his  desire  "  to  see  energy  given  to  the  Federal  Consti- 
tution by  a  convention  of  the  people." 

The  first  effect  of  this  circular  letter  to  the  States  was  that 
of  inducing  some  of  them  to  reverse  their  earlier  action  against 
the  power  of  Congress  to  levy  the  import  duties  within  the 
States,  which  had  been  proposed  as  the  first  measure  for  the 
restoration  of  public  credit.  Virginia,  also,  after  a  bitter  struggle, 
passed  over  to  the  side  of  Washington.  Its  second  effect  was  to 
check  the  tide  of  what  Hamilton  styled  "the  epidemic  phrenzy" 
of  absolute,  separate  sovereignty  of  each  individual  State.  But 
Congress  continued  irresponsive  to  the  efforts  of  its  ablest  men 
in  favor  of  a  better  union ;  and  in  September  its  committee 
recommended  a  postponement  of  action  on  the  New  York  reso- 
lutions. 

The  British  order  prohibiting  American  ships  from  carrying 
produce  to  British  colonies  did  more  than  all  previous  argu- 
ments to  arouse  the  States  to  the  necessity  of  enlarging  Con- 
gressional power,  in  order  by  general  legislation  to  resent  and 
resist  such  foreign  assaults  on  American  interests.  In  April, 


22  THE  FORMATION  OF  THE  CONSTITUTION. 

1784,  the  new  Congress  agreed  to  a  proposition  that  this  body 
should  be  empowered,  with  the  assent  of  nine  States,  and  for 
the  term  of  fifteen  years,  to  exercise  prohibitory  powers  over 
foreign  commerce.  Jefferson,  knowing  how  much  hostile  foreign 
powers  depended  on  the  fact  that  each  State  was  always  pro- 
testing for  its  separate  sovereignty  and  independence  of  central 
control,  in  his  draft  of  instructions  for  our  diplomatic  agents 
abroad,  spoke  of  "the  United  States  as  one  nation  upon  the 
principles  of  the  Federal  Constitution."  Rhode  Island,  which 
had  before  objected  to  the  use  even  of  the  words  "  Federal  gov- 
ernment," alleging  there  was  no  such  "government,"  but  only  a 
union,  again  interposed  her  voice  now.  At  the  vote  taken  upon 
this  phrase  of  Jefferson,  he  was  sustained  by  eight  States  against 
two.  The  fact  is  worthy  of  note  as  one  of  the  signs  of  an  ad- 
vance in  the  conception  of  a  national  government  for  the  future. 
Washington  had  often  before,  as  after  this  time,  made  free  use 
of  the  word  nation,  as  applied  to  the  United  States. 

Early  in  1784,  though  now  a  private  citizen,  Washington 
addressed  to  the  governor  of  Virginia  an  earnest  appeal  for  a 
stronger  bond  of  union.  The  clearness  of  his  views  appears 
from  the  following  extract:  "An  extension  of  Federal  powers 
would  make  us  one  of  the  most  wealthy,  happy,  respectable,  and 
powerful  nations  that  ever  inhabited  the  terrestrial  globe.  With- 
out these,  we  shall  soon  be  everything  which  is  directly  the 
reverse.  I  predict  the  worst  consequences  from  a  half-starved, 
limping  government,  always  moving  upon  crutches  and  tottering 
at  every  step."  The  new  Legislature  of  Virginia  was  better 
disposed  to  strengthen  the  Union.  Even  Patrick  Henry  showed 
a  yielding  spirit,  and  Jefferson's  favorable  influence  was  pro- 
nounced. 

In  the  Congressional  session  of  this  year  four  States  were 
absent,  three,  becoming  dissatisfied,  withdrew,  and  the  powerless 
remainder  finding  themselves  deserted  went  home  in  utter  feeble- 


PRELIMINARIES  OF  THE  NEW  CONSTITUTION.  23 

ness.  The  next  (Fifth)  Congress,  which  should  have  assembled  in 
November,  was  long  without  a  quorum.  The  French  charge 
d'affaires  reported  to  his  government  that  in  America  there  was 
"no  general  government,  neither  Congress  nor  President,  nor 
head  of  any  one  administrative  department."  It  seemed  a  near 
approximation  to  anarchy  in  Federal  affairs. 

In  the  following  winter  Noah  Webster  published  a  proposed 
"  new  system  of  government  which  should  act,  not  on  the  States, 
but  directly  on  individuals,  and  vest  in  Congress  full  power  to 
carry  its  laws  into  effect." 

The  year  1785  brought  to  view  two  influences  bearing  upon 
the  constitutional  union,  and  moving  in  opposite  directions.  The 
Congress  had  chosen  for  its  President  this  year  Richard  Henry 
Lee,  a  bitter  opponent  of  inherent  Congressional  powers ;  and 
the  New  York  Legislature  appointed  its  delegates  so  that  a 
majority  of  them  joined  Lee  in  his  opposition,  thus  changing  the 
position  of  that  influential  State.  On  the  other  hand,  the  exces- 
sive flooding  of  American  markets  with  English  goods,  the  British 
obstructions  to  the  ship-building  and  the  carrying  trades,  and 
restrictions  upon  their  home  markets  against  the  products  of 
American  fishery,  had  combined  to  produce  ruin  to  our  manu- 
factures, disaster  to  producing  interests,  and  the  exhaustion  of 
the  metallic  currency  of  the  country.  The  industrial  Americans 
were  in  a  state  bordering  on  despair,  and  found  it  vain  to  look 
for  relief  to  a  Congress  without  power  to  provide  a  remedy. 
When  single  States  sought  relief  by  protective  duties,  this  only 
served  as  a  premium  to  another  State  to  concentrate  in  its  own 
ports  a  free  foreign  trade,  thus  made  yet  more  valuable  to  itself. 
Duties  against  imports  from  other  States  necessarily  followed. 
At  this  juncture  Congress  transferred  its  seat  to  New  York. 

Its  assemblage  there  was  welcomed  by  the  industrial  interests 
of  that  city  with  an  address,  in  which  they  showed  their  disagree- 
ment with  the  recent  choice  of  delegates  by  their  legislature; 


24  THE  FORMATION  OF  THE  CONSTITUTION. 

saying,  "  We  hope  our  representatives  will  coincide  with  the  other 
States  in  augmenting  your  power  to  every  exigency  of  the  Union." 
The  Chamber  of  Commerce  also  begged  them  to  counteract  the 
injurious  restrictions  of  foreign  nations.  Popular  movements  in 
the  same  direction  appeared  in  Philadelphia  and  Boston.  Penn- 
sylvania and  New  York  both  increased  their  duties,  in  unequal 
degree,  the  one  on  numerous  foreign  goods,  the  other  on  such 
goods  as  were  imported  in  British  bottoms.  The  Legislature  of 
Massachusetts  pledged  itself  to  use  its  most  earnest  endeavor  to 
put  the  Federal  government  "  on  a  firm  basis,  and  to  perfect  the 
Union ;"  and  formally  admitted  that  the  Articles  of  Confederation 
were  inadequate  to  the  purposes  to  be  effected.  They  ordered 
their  resolutions  to  be  communicated  to  Congress,  and  to  the 
executive  of  each  State.  They  also,  as  well  as  New  Hampshire 
and  Rhode  Island,  passed  retaliatory  acts  against  Great  Britain, 
to  continue  "  until  a  well-guarded  power  to  regulate  trade  shall 
be  intrusted  to  Congress."  Like  Pennsylvania,  Massachusetts 
established  highly  protective  duties. 

In  addition  to  the  embarrassments  of  commerce  resulting 
from  this  discordant  action  of  the  States  in  respect  to  duties  on 
imports,  and  from  the  absence  of  a  central  power  to  combat 
the  injuries  to  trade  flowing  from  the  action  of  foreign  govern- 
ments, great  confusion  was  created  by  the  numerous  and 
variable  standards  of  value  and  the  unsteady  financial  laws  of 
the  several  States.  In  some  the  creditors  were  obliged  to  ac- 
cept real  and  personal  estate  at  an  appraised  value  in  satisfac- 
tion of  their  judgments.  In  others  depreciated  paper  was  legal 
tender  in  payment  for  purchases,  on  a  fixed  scale  of  deprecia- 
tion. In  others  it  must  be  received  at  its  par  value.  Numerous 
stay-laws  were  enacted.  Even  in  Massachusetts  the  cour^ 
were  interrupted  by  riotous  force.  Legislation  on  the  relation 
between  debtor  and  creditor  was  constantly  changing.  There 
was  no  security  for  one  side  or  the  other.  The  rate  of  ex- 


PRELIMINARIES  OF  THE  NEW  CONSTITUTION.  25 

change  in  interstate  transactions  was  alarmingly  variable.  One 
of  the  States  authorized  the  court  and  jury  to  decide  questions 
of  debt  to  the  best  of  their  knowledge,  agreeably  to  equity  and 
good  conscience.  In  the  pressure  of  the  times  some  States 
appeared  to  abandon  hope  of  a  metallic  currency,  and  took 
refuge  in  new  emissions  of  paper  money.  A  British  agent 
writes  to  his  government :  "  It  is  with  pleasure  that  I  can  inform 
your  lordship  what  silver  and  gold  is  to  be  had  in  this  country 
goes  in  his  Majesty's  packet-boats  to  England."  Georgia  re- 
deemed its  paper  with  specie  certificates  at  the  rate  of  one 
thousand  for  one,  while  Delaware  adopted  the  rate  of  one  to 
seventy-five.  Virginia,  overwhelmed  with  depreciated  paper, 
stopped  its  issue  after  1781,  and  undertook  to  redeem  it  in 
loan  certificates  at  the  rate  of  one  thousand  for  one.  Judg- 
ments could  be  satisfied  by  the  tender  of  hemp,  tobacco,  flour, 
at  a  rate  fixed  by  the  county  courts,  and  even  taxes  were  paid 
in  tobacco. 

Under  these  conditions  contracts  wholly  lost  the  protection 
of  the  laws  under  which  they  were  made.  The  debtors  were 
far  more  numerous  than  creditors,  and  practically  controlled 
legislation  by  demands  which  rested  on  the  emergency  alone, 
ungoverned  by  principle.  Good  men  everywhere  were  strug- 
gling against  the  general  demoralization,  and  openly  protesting 
against  it.  It  led  them  strongly  towards  the  plan  of  a  new  con- 
stitution for  the  Confederacy,  which  should  destroy  this  power  in 
the  States  by  conferring  on  Congress  exclusive  authority  to  reg- 
ulate the  legal-tender  money  of  the  country,  and  to  prohibit  the 
States  from  impairing  the  obligation  of  contracts. 

During  this  year  (1785)  the  common  efforts  of  Maryland  and 
Virginia  to  unite  the  waters  of  the  Potomac  and  Ohio  for  the 
improvement  of  commerce,  and  the  especial  desire  of  Maryland 
for  a  canal  connecting  the  Delaware  and  Chesapeake  Bays,  for 
which  the  co-operation  of  Pennsylvania  and  Delaware  was  need- 

VOL.  I.— 5 


26  THE  FORMATION  OF  THE  CONSTITUTION. 

ful,  induced  Maryland  to  make  a  further  proposition.  If  even 
these  two  limited  lines  of  internal  communication  could  not  pro- 
ceed without  a  common  understanding  of  several  States,  how 
could  all  the  commercial  relations  of  the  future  go  on  if  liable  to 
the  conflicting  legislation  of  independent  States?  The  Legisla- 
ture of  Maryland  in  this  connection  addressed  a  communication 
to  that  of  Virginia,  proposing  that  commissioners  from  all  the 
States  should  be  invited  to  meet  and  regulate  the  restrictions  on 
commerce  for  the  whole.  Madison  quickly  saw  the  opportunity 
to  inaugurate  the  long-desired  movement  for  a  more  perfect 
Union,  and,  holding  himself  in  the  background,  persuaded  a 
State-sovereignty  member  to  offer  the  resolution  which  he  pre- 
pared, for  the  appointment  of  commissioners  by  Virginia,  to  meet 
commissioners  from  all  the  States,  to  examine  and  report  on  the 
requisite  increase  of  the  powers  of  Congress  over  trade,  their 
action  being  subject  to  the  ratification  of  every  State.  It  was 
quietly  called  up  at  a  later  period,  and  passed  (January,  1786); 
and  Madison  was  placed  at  the  head  of  the  commission.  An- 
napolis was  proposed  as  the  place,  and  September  as  the  time, 
for  the  assembling  of  the  commissioners.  No  New  England 
State  appeared,  and  no  Southern  State  south  of  Virginia,  while 
even  Maryland  was  absent  from  her  own  capital.  The  five  States 
present  were  represented  by  men  from  New  York,  New  Jersey, 
Pennsylvania,  Delaware,  and  Virginia,  who  believed  in  more  far- 
reaching  provisions  than  those  suggested  by  the  original  reso- 
lution. Their  sessions  were  soon  closed,  with  a  recommendation 
to  their  States  to  obtain  a  meeting  of  all  the  States  at  Philadel- 
phia in  the  following  May,  to  consider  the  situation  of  the  country, 
and  to  devise  the  measures  necessary  to  make  the  Constitution 
adequate  to  the  exigencies  of  the  Union. 

Before  the  meeting  at  Annapolis,  new  efforts  were  made  in 
Congress  to  enlarge  its  powers.  Charles  Pinckney  reported  from 
a  committee  seven  amendments  to  the  Articles  of  Confederation, 


PRELIMINARIES  OF  THE  NEW  CONSTITUTION.  2J 

giving  Congress  power  to  regulate  foreign  and  domestic  trade, 
and  to  collect  duties,  which,  however,  must  be  paid  over  to  the 
State  in  which  collected ;  to  punish  treason,  and  crimes  committed 
on  the  high  seas ;  to  establish  an  appellate  court  of  seven  judges 
with  jurisdiction  of  certain  Federal  questions ;  to  establish  a  new 
system  of  revenue,  eleven  States  consenting ;  and  regulating  the 
payment  of  quotas  by  States.  After  long  and  sometimes  violent 
discussion,  these  propositions  were  abandoned  to  that  great  file 
of  ever-accumulating  unfinished  business.  The  country  ceased 
to  expect  relief  from  its  Congress.  New  Jersey  was  gained  to 
the  plan  of  a  convention  for  enlarging  the  powers  of  the  general 
government.  The  taxation  on  her  imported  goods,  introduced 
through  the  port  of  New  York,  and  the  practical  assessment  of 
her  own  citizens  for  the  sole  benefit  of  the  New  York  State 
Treasury,  opened  her  eyes  to  the  necessity  of  a  reform  in  the 
Union. 

The  general  situation  of  the  country  in  the  summer  of  1 786 
was  deplorable.  From  a  careful  official  report  made  to  the  Count 
de  Vergennes  in  September  of  that  year,  it  appears  that  the 
condition  especially  of  New  England  was  sufficient  to  impart  a 
sentiment  of  despair.  The  common  masses  of  the  people,  driven 
by  distress,  demanded  the  emission  of  paper  money  for  their 
relief.  Massachusetts  had  seen  its  prodigious  evils  in  other  States 
and  refused  it.  These  people  then  took  arms  and  dispersed  the 
courts,  demanded  their  abolition,  and  that  of  the  State  Senate, 
and  cried  out  for  a  new  emission  of  paper,  and  other  wild  objects 
from  which  they  imagined  relief  would  come.  In  New  Hamp- 
shire three  hundred  mutineers  assembled  to  break  up  a  court 
of  justice,  and  intimidated  their  legislature.  Many  of  the  people 
of  Connecticut  made  efforts  for  the  abolishment  of  debts  and  the 
dissolution  of  the  courts.  Hundreds  of  farms  were  there  offered 
for  sale  for  the  payment  of  taxes ;  and  specie  was  so  scarce  that 
they  hardly  brought  one-tenth  of  their  value.  A  British  agent 


28  THE  FORMATION  OF  THE  CONSTITUTION. 

reported  upon  the  like  facts,  and  added :  "  Indeed,  dissatisfaction 
and  uneasiness  prevail  more  or  less  throughout  this  country;  the 
greater  part  of  the  people  poor,  and  many  in  desperate  circum- 
stances, do  not,  it  seems,  want  any  government  at  all,  but  had 
rather  have  all  power  and  property  reduced  to  a  level."  The 
five  State  delegations  at  Annapolis,  aware  of  this  public  condition, 
and  knowing  that  additional  commercial  authority  in  Congress 
was  totally  inadequate  as  a  remedy,  wisely  resolved  to  rely  only 
on  a  convention  with  general  powers  to  revise  the  entire  Consti- 
tution of  the  Union.  Guarded  as  was  their  language,  it  revealed 
to  the  intelligence  of  the  country  the  imperative  nature  of  radical 
relief.  A  Virginia  member  of  Congress  wrote  from  New  York 
in  October  to  Washington :  "  We  are  all  in  dire  apprehension  that 
a  beginning  of  anarchy  with  all  its  calamities  has  approached, 
and  have  no  means  to  stop  the  dreadful  work."  He  added  the 
suggestion  that  Washington's  unbounded  influence,  if  brought  to 
bear,  might  quell  the  seditious  spirit.  Washington  in  his  reply 
used  the  words,  "Influence  is  no  government." 

Moved  by  the  steady  force  of  her  great  unionists,  and  by  the 
increasing  disorders  of  the  several  States,  Virginia  took  at  last, 
in  December,  1786,  a  firm  and  loyal  decision.  Her  Assembly, 
with  unexpected  unanimity,  adopted  the  recommendation  of  the 
Annapolis  Convention,  and  appointed  the  great  names  of  Wash- 
ington, Madison,  Mason,  and  Randolph  to  represent  her  views  in 
the  Philadelphia  Convention.  Wisely  remembering  that  State 
legislatures  had  exercised  the  right  of  agreeing  to  national 
measures  and  then  revoking  that  agreement  at  will,  that  part  of 
the 'Annapolis  report  which  suggested  that  the  act  of  the  coming 
convention  should  be  effective  when  "confirmed  by  the  legisla- 
tures of  every  State"  was  modified  in  the  Virginia  resolution  by 
requiring  confirmation  by  the  States.  By  this  method  timid  legis- 
latures could  transfer  the  decision  to  the  people  in  special  con- 
vention, as  in  fact  the  unionists  desired.  This  act  of  Virginia 


PRELIMINARIES  OF  THE  NEW  CONSTITUTION.  29 

was  transmitted  by  Governor  Randolph  to  Congress  and  to  the 
governors  of  all  the  States.  New  Jersey  was  the  first  of  the 
States  to  accept  the  proposition.  Pennsylvania,  most  constantly 
loyal  to  the  Union,  quickly  adopted  it,  followed  by  North  Carolina 
and  Delaware.  Rufus  King,  who  had  long  used  his  great  influ- 
ence in  Massachusetts  against  the  increase  of  central  power, 
wrote  Governor  Gerry  that  he  was  inclined  favorably  to  this 
project,  though  he  thought  it  illegal  in  form  of  inception.  "Events 
are  hurrying  us  to  a  crisis,"  he  said.  "  Prudent  and  sagacious 
men  should  be  ready  to  seize  the  most  favorable  circumstances 
to  establish  a  more  perfect  and  vigorous  government."  New 
York,  still  obstinate  under  Governor  Clinton,  ignored  the  An- 
napolis invitation,  and  desired  Congress  to  call  a  general  con- 
vention. When  the  New  York  delegates  moved  it  under  their 
instructions,  without  mentioning  time  or  place,  it  met  with  entire 
failure.  King,  of  Massachusetts,  then  saw  his  opportunity  to 
reconcile  his  past  with  his  present  views,  and  perhaps  to  bring 
New  York  into  the  movement.  He  accordingly  offered  (Febru- 
ary, 1787)  a  plain  resolution,  by  which  Congress  advised  a  con- 
vention to  be  held  at  the  time  and  place  which  the  action  of 
Virginia  had  already  fixed,  but  without  naming  the  act  of  that 
State.  It  was  at  once  accepted  by  Congress,  and  satisfied  the 
theorists  of  that  school  with  the  method  of  initiating  the  con- 
vention. States  could  now  appoint  members  either  to  the  con- 
vention called  at  the  suggestion  of  the  Annapolis  meeting  and 
upon  the  invitation  of  Virginia,  or  pursuant  to  the  recommenda- 
tion of  Congress ;  and  in  either  case  they  would  find  themselves 
in  one  common  convention.  It  was  doubtless  a  wise  and  useful 
measure,  in  view  of  the  rivalries  of  men  and  of  the  jealousies  of 
State  precedence. 

Massachusetts,  troubled  with  a  recent  insurrection,  accepted 
in  February.  New  York  a  few  days  later  concurred,  and  ap- 
pointed Yates  and  Lansing,  who  represented  more  especially  the 


30  THE  FORMATION  OF  THE   CONSTITUTION. 

ideas  of  State  sovereignty,  and  Hamilton,  who  was  a  strong 
unionist,  to  be  her  delegates  to  the  convention.  South  Carolina 
and  Georgia  appointed  their  delegates  in  April.  Connecticut  sent 
a  strong  delegation  in  May,  and  Maryland  soon  followed.  New 
Hampshire  delayed  till  June.  Rhode  Island  alone  maintained  her 
isolation  to  the  end  as  a  non-union  State,  by  a  legislative  majority 
of  twenty-two  votes  against  the  convention. 

Pending  these  proceedings  for  a  convention,  and  late  in  Feb- 
ruary, Madison  wrote  to  Governor  Randolph:  "Our  situation  is 
becoming  every  day  more  and  more  critical.  No  money  comes 
into  the  Federal  treasury ;  no  respect  is  paid  to  the  Federal 
authority ;  and  people  of  reflection  unanimously  agree  that  the 
existing  Confederacy  is  tottering  to  its  foundation."  He  added 
that  men  in  the  East  were  suspected  of  leaning  towards  mon- 
archy ;  others  were  predicting  the  partition  of  the  States  into 
two  or  more  confederacies.  He  believed  that  unless  a  radical 
amendment  of  the  present  system  was  effected  the  partition 
would  take  place.  In  April  he  again  wrote  that  "  unless  the 
Union  was  efficiently  organized  on  republican  principles  the  par- 
tition of  the  empire  into  rival  and  hostile  confederacies  will 
ensue." 

By  the  foregoing  tedious  and  often  unavailing  steps  did  the 
people  of  the  United  States  advance  towards  a  more  perfect 
government.  The  causes  of  this  slow  approximation  to  a  result 
so  necessary  to  their  security  from  foreign  foes,  and  so  indispen- 
sable to  the  establishment  of  equal  and  common  privileges  among 
the  citizens  of  different  States,  are  not  obscure.  The  vast  extent 
of  their  territory,  the  communication  limited  by  sail  on  the  water 
lines,  and  by  poor  wagon-roads  and  bridle-paths  on  land,  were 
great  hinderances  to  a  friendly  and  intimate  knowledge  of  their 
mutual  interests.  The  different  controlling  industries  in  various 
States  created  apprehensions  of  adverse  legislation  by  a  body 
in  which  these  various  interests  should  be  unequally  represented. 


PRELIMINARIES  OF  THE  NEW  CONSTITUTION.  31 

Some  States  were  more  deeply  in  debt  than  others,  and  in  deeper 
poverty.  These  feared  the  power  and  influence  of  the  more 
wealthy  and  prosperous  States.  In  some  of  them  the  spirit  of 
repudiation  was  rife  and  bold ;  and  these  desired  to  retain  the 
position  of  aliens  towards  any  power  which  might  be  animated 
by  a  strong  sense  of  justice.  Their  ideas  of  a  home  government 
could  not  be  expanded  to  embrace  a  continent,  or  even  its  Atlantic 
region.  Slavery,  increased  by  annual  importations  of  human 
beings  as  property,  had  obtained  a  solid  territorial  domination  in 
one  section,  and  but  a  small  and  unsteady  foothold  in  another. 
There  was  as  yet  no  brotherhood  among  the  States,  except  in 
small  groups.  The  limited  number  of  delegates  to  Congress, 
many  of  them  frequent  absentees,  and  who  represented  the 
legislatures,  not  the  people,  were  insufficient  instruments  for 
propagating  ideas  of  union  among  a  widely  scattered  popular 
constituency.  There  were  fewer  numbers  in  the  Congress  than 
in  most  of  the  State  legislatures.  The  latter  were  lords,  the 
former  servants.  Congressional  opinion  was  in  perpetual  chains, 
and  had  the  timidity  which  attaches  to  subserviency.  Too  much 
courage  of  conscience  involved  the  sacrifice  of  position.  Constant 
rotation  in  office  diminished  or  destroyed  the  growth  and  useful- 
ness of  experience.  The  enlarged  views  acquired  from  the  height 
of  central  government  were  ever  nullified  by  the  narrower  aspi- 
rations of  local  sovereignty.  Authority,  whether  executive,  legis- 
lative, or  judicial,  if  intrusted  to  persons  not  appointed  by  the 
State  legislature  itself,  and  irresponsible  to  the  State,  seemed  to 
the  people  an  abandonment  of  personal  rights,  and  a  return  to 
foreign  jurisdiction.  All  citizens  of  the  United  States  were 
animated  by  the  identical  love  of  personal  liberty  and  of  free 
institutions  which  characterized  each;  yet  each  remained  blind 
to  the  truth  that  there  was  greater  security  in  the  combined  force 
of  all  than  could  be  found  in  single  independence  and  sovereignty. 
For  war  they  admitted  the  need  of  union.  In  peace  only  the 


32  THE  FORMATION  OF  THE  CONSTITUTION. 

stress  of  commercial  conflict  between  the  States  and  with  foreign 
countries  could  induce  them  to  strengthen  the  bonds  of  a  general 
government. 

While  these  were  the  prevailing  sentiments,  among  leaders 
there  was  abundant  diversity  in  theories  of  government  for  the 
Union.  Systems,  plans,  projects,  had  been  discussed  for  many 
years,  and  so  often  defeated  or  ignored  that  it  hardly  seemed 
within  human  power  to  revive  an  old  or  propose  a  new  one  with 
any  reasonable  probability  of  its  general  adoption.  The  predis- 
position of  each  State  was  to  reject  the  plan  of  every  other  State. 
The  rivalries  of  persons  and  of  communities  reinforced  this  preju- 
dice, and  covered  any  new  scheme  with  clouds  of  doubt.  It  was 
not,  therefore,  to  be  regretted  that  some  men  of  strong  intellect 
who  might  have  been  delegates  to  this  convention,  but  who  were 
enemies  to  a  consolidation  of  the  Union,  preferred  to  remain  at 
home,  and  permitted  their  places  to  be  filled  by  friends  of  the 
national  movement.  It  was  of  supreme  importance  that  the 
scheme  of  reform  to  be  devised  should  have  the  general  sanction 
of  the  initiatory  body  before  demanding  that  of  the  States.  This 
could  better  be  accomplished  by  unionists  of  different  shades  of 
opinion  than  by  the  doubtful  co-operation  of  persistent  separatists. 

It  would  hardly  be  possible  to  find  a  more  melancholy  picture 
for  the  contemplation  of  patriots  than  that  presented  by  the 
States  of  the  Union  at  the  time  of  their  appointment  of  dele- 
gates to  Philadelphia.  The  public  debt  was  in  no  part  paid,  and 
no  provision  whatever  was  made  for  its  payment.  The  Confed- 
eracy was  without  revenue  of  its  own,  and  without  resources. 
Whatever  gold  or  silver  existed  in  the  country  was  sent  beyond 
seas  to  pay  for  imported  goods.  None  of  the  States  fully  re- 
sponded to  Confederate  requisitions;  some  partially  complied, 
and  New  Jersey  expressly  refused  to  comply.  The  navigation 
laws  of  New  York,  Pennsylvania,  New  Jersey,  and  Maryland 
treated  the  other  States  as  aliens,  as  if  they  were  European 


THE   CONSTITUTIONAL    CONVENTION.  33 

countries.  South  Carolina,  Virginia,  Pennsylvania,  and  New 
York  were  taxing  the  trade  of  other  States  passing  through 
their  ports,  and  developed  angry  sentiments  in  their  nearest 
neighbors.  Connecticut  taxed  Imports  even  from  Massachusetts. 
The  treaties  made  by  the  Confederation  were  violated  in  the 
States  with  impunity.  Compacts  were  made  between  States 
in  violation  of  the  articles  of  the  Confederacy,  even  by  such 
States  as  New  Jersey  and  Pennsylvania,  Virginia  and  Maryland. 
The  demoralization  had  gone  so  far  that  Virginia  not  only  re- 
fused to  apply  for  the  sanction  of  its  compact  with  Maryland  by 
Congress,  but  even  voted  against  advising  Congress  of  its  exist- 
ence. The  legislatures  and  the  people  showed  equal  disregard 
of  public  and  private  obligations.  Respect  for  the  Confederacy 
had  ceased  at  home,  and  it  was  the  object  of  contempt  abroad. 
Thoughtful  men  doubted  of  the  capacity  of  the  people  for  self- 
government,  and  began  to  whisper  of  monarchy  as  a  cure  of 
public  disorders. 

Surrounded  by  doubts,  but  inspired  by  hope,  and  powerfully 
urged  by  the  dangers  and  distresses  of  the  country,  the  dele- 
gates to  this  Convention  made  their  journey  by  slow  stages  from 
their  respective  States  to  the  city  of  Philadelphia,  now  to  become 
once  more  the  centre  of  a  nation's  hopes. 

V.  THE  CONSTITUTIONAL  CONVENTION. 

THE  Convention  was  summoned  for  the  i4th  of  May,  1787. 
The  necessary  quorum  of  seven  States  did  not  appear  until  the 
25th  of  May,  when  the  majority  of  the  New  Jersey  delegates 
presented  their  credentials.  Three  days  later  Massachusetts  and 
Maryland  increased  the  number  to  nine.  The  representation  of 
Connecticut  and  Georgia  added  two  more  States  on  the  3Oth  and 
3istof  May.  That  of  New  Hampshire  did  not  arrive  until  the 
23d  of  July,  after  the  majority  of  the  New  York  delegates  had 

VOL.  I. — 6 


34  THE  FORMATION  OF  THE  CONSTITUTION. 

withdrawn;  so  that  only  eleven  States  were  voted  at  any  one 
time,  out  of  the  twelve  represented.  Rhode  Island  alone  refused 
to  be  represented,  having  rejected  the  proposition  by  a  legis- 
lative majority  of  twenty-two  votes.  A  number  of  her  leading 
citizens,  however,  forwarded  a  letter  of  sympathy  to  the  Con- 
vention. 

Of  the  characters  composing  this  Convention,  the  French 
minister  wrote  to  his  government :  "  If  all  the  delegates  chosen 
to  this  Convention  at  Philadelphia  are  present,  Europe  will  never 
have  seen  an  assembly  more  respectable  for  talents,  for  knowl- 
edge, for  the  disinterestedness  and  patriotism  of  those  who  com- 
pose it.  General  Washington,  Dr.  Franklin,  and  a  great  number 
of  other  distinguished  personages,  though  less  known  in  Europe, 
have  been  called  thither." 

It  was  certainly  most  fortunate  for  the  country,  for  the  prestige 
of  the  Convention,  and  lor  the  solidity  of  its  work,  that  Virginia 
set  the  example  of  intrusting  her  commission  to  her  greatest 
names.  Where  Washington  led  the  way,  followed  by  Madison, 
Governor  Randolph,  George  Mason,  and  Chancellor  Wythe,  no 
other  State  would  be  willing  to  refuse  a  contribution  of  its  most 
reputable,  noblest  characters.  Pennsylvania  responded  with 
Franklin's  vast  experience  and  wisdom  gathered  on  two  conti- 
nents, with  Robert  Morris  and  Gouverneur  Morris,  and  was 
further  strengthened  by  the  great  ability  of  Wilson.  South 
Carolina  sent  John  Rutledge,  with  the  two  Pinckneys.  New 
Jersey  offered  her  chancellor,  Livingston,  with  Chief- Justice 
Brearley,  William  Paterson,  and  Dayton.  New  York  reluc- 
tantly commissioned  her  chief  unionist,  Alexander  Hamilton,  a 
born  statesman,  who  combined  indomitable  force  of  character 
with  a  genius  for  the  organization  of  States.  Delaware  gave 
her  patriotic  Read  and  her  venerable  Dickinson  as  aids  in  the 
great  work.  Connecticut,  so  rich  in  contributions  of  soldiers  to 
the  Revolutionary  struggle,  ranked  herself  in  the  forefront  of  the 


THE   CONSTITUTIONAL    CONVENTION.  35 

Convention  when  Sherman  and  Ellsworth  and  Johnson  appeared 
there.  The  voice  of  Massachusetts  found  eloquent  expression 
in  Rufus  King,  and  her  opinions  gathered  strength  from  the 
high  reputation  of  Governor  Gerry  and  the  wisdom  of  Gorham. 
If  ever  a  government  could  be  formed  fresh  from  the  brain  of 
man,  instinct  with  a  vigorous  life,  and  admirable  in  form  as  that 
fabled  goddess  who  sprang  full-armed  from  the  brow  of  Jove,  it 
might  surely  be  expected  from  the  midst  of  this  assembly  of  the 
wisest  and  purest  and  most  patriotic  characters  to  which  the  old 
European  or  the  young  American  continent  had  ever  given 
birth.  If  the  effort  should  fail  now  and  here,  the  boldest  of  our 
national  patriots  were  prepared  to  await  in  silence  and  unhappy 
resignation  the  alternative  fates  of  anarchy  or  despotism. 

The  completed  roll  of  delegates  who  were  actually  present 
in  the  Convention  at  some  time  during  its  deliberations  shows 
the  following  names : 

From  New  Hampshire  (2) — John   Langdon,  Nicholas  Gilman. 

From  Massachusetts  (4) — Elbridge  Gerry,  Nathaniel  Gorham, 
Rufus  King,  Caleb  Strong. 

From  Connecticut  (3) — William  Samuel  Johnson,  Roger  Sher- 
man, Oliver  Ellsworth. 

From  New  York  (3) — Robert  Yates,  Alexander  Hamilton,  John 
Lansing. 

From  New  Jersey  (5) — William  Livingston,  David  Brearley, 
William  Churchill  Houston,  William  Paterson,  Jonathan  Dayton. 

From  Pennsylvania  (8) — Benjamin  Franklin,  Thomas  Mifflin, 
Robert  Morris,  George  Clymer,  Thomas  Fitzsimons,  Jared  In- 
gersoll,  James  Wilson,  Gouverneur  Morris. 

From  Delaware  (5) — George  Read,  Gunning  Bedford,  Jr.,  John 
Dickinson,  Richard  Bassett,  Jacob  Broom. 

From  Maryland  (5) — James  McHenry,  Daniel  of  St.  Thomas 
Jenifer,  Daniel  Carroll,  John  Francis  Mercer,  Luther  Martin. 


36  THE  FORMATION  OF  THE   CONSTITUTION. 

From  Virginia  (7) — George  Washington,  Edmund  Randolph, 
John  Blair,  James  Madison,  Jr.,  George  Mason,  George  Wythe, 
James  McClurg. 

From  North  Carolina  (5) — Alexander  Martin,  William  Rich- 
ardson Davie,  William  Blount,  Richard  Dobbs  Spaight,  Hugh 
Williamson. 

From  South  Carolina  (4) — John  Rutledge,  Charles  Cotesworth 
Pinckney,  Charles  Pinckney,  Pierce  Butler. 

From  Georgia  (4) — William  Few,  Abraham  Baldwin,  William 
Pierce,  William  Houstoun. 

Of  these,  eight  members  had  signed  the  Declaration  of  Inde- 
pendence. The  whole  number  of  appointments  made  was  sixty- 
five,  of  whom  only  fifty-five  attended  the  Convention  ;  and  of 
them  only  thirty-nine  affixed  their  names  to  the  Constitution  at 
the  end  of  their  deliberations,  three  expressly  refusing,  and  others 
absent. 

Hamilton  was  born  in  Nevis,  one  of  the  Leeward  Islands ; 
Wilson  in  Scotland ;  Robert  Morris  and  Davie  in  England. 
Paterson,  Fitzsimons,  McHenry,  and  Butler  were  of  Irish  birth. 
The  other  delegates  were  native  Americans.  Some  of  them  had 
been  educated  in  England,  but  most  of  them  in  the  country  of 
their  birth,  which  they  had  rescued  from  foreign  domination,  to 
which  they  had  given  the  principles  of  liberty,  and  which  they 
now  desired  to  endow  with  the  rights  of  a  republic  and  with 
the  organization  of  a  united,  free,  and  stable  government. 

The  Convention  at  the  outset  provided  for  secret  sessions. 
The  conflict  of  opinion  throughout  the  country  was  so  great  that 
they  feared  to  exasperate  existing  divisions,  and  to  provoke  hostil- 
ities while  their  plan  was  in  construction,  if  each  day's  immature 
proceedings  and  discussions  were  given  to  the  public.  They  also 
believed  that  a  more  sincere  and  frank  expression  of  personal 
opinions  could  be  obtained  from  the  delegates,  and  compro- 


THE   CONSTITUTIONAL    CONVENTION.  37 

mises  of  jarring  judgments  could  be  better  secured,  if  they  were 
exempt  from  the  exterior  influence  of  bitter  prejudices.  They 
decided,  therefore,  that  no  communication  of  their  resolutions 
should  be  made  until  the  whole  completed  work  could  be  laid 
before  the  country,  and  that  no  individual  votes  should  be  re- 
corded, this  record  being  made  by  States. 

The  dilatory  arrival  of  the  majority  of  the  delegations  gave 
opportunity  for  private  and  personal  comparison  of  views  between 
the  few  delegates  who  were  earliest  in  Philadelphia.  The  mem- 
bers from  Virginia  met  in  frequent  consultation,  and  brought 
themselves  into  harmonious  relations  upon  a  rough  draft  of  con- 
stitutional principles  which  Madison  had  prepared.  This  docu- 
ment, modified  by  their  consultations,  was  afterwards  authorita- 
tively presented  to  the  Convention  as  the  plan  of  Virginia.  The 
moral  force  of  the  then  leading  State  of  the  Confederacy  was  thus, 
from  the  beginning,  thrown  into  the  wavering  balance  in  favor  of 
a  wholly  new  Constitution,  and  against  any  partial  amendment  of 
the  existing  Articles  of  Confederation.  Her  very  able  delegation 
succeeded,  though  afterwards  much  divided  upon  details,  in  keep- 
ing the  action  of  the  Convention  upon  the  original  basis  pro- 
posed by  them.  The  discussion  upon  their  resolutions  began  in 
committee  of  the  whole  house,  Mr.  Gorham,  of  Massachusetts, 
in  the  chair,  on  the  3<Dth  of  May ;  and  they  were  finally  reported, 
as  amended,  on  the  igth  day  of  June,  and  were  before  the  Con- 
vention, as  from  time  to  time  modified,  until  the  germ  was  de- 
veloped and  ripened  into  the  American  Constitution  on  September 
17,  17*7. 

There  were  some  individual  schemes  of  greater  or  less  scope 
offered  by  Charles  Pinckney  and  by  Hamilton,  but  they  never 
diverted  the  general  course  and  lines  of  debate.  That  of  Charles 
Pinckney  is  the  most  notable,  by  reason  of  the  form  in  which  it 
has  been  published,  and  which  bears  so  striking  a  resemblance  to 
the  Constitution  as  adopted.  But  his  original  plan  submitted  was 


38  THE  FORMATION  OF  THE  CONSTITUTION. 

not  preserved,  and  that  now  attributed  to  him  lacks  authenticity. 
It  bears  internal  evidence  of  later  composition,  and  is  in  conflict, 
in  some  of  its  provisions,  with  his  recorded  speeches  and  letters. 
On  the  high  authority  of  Mr.  Madison  and  of  the  historian  Ban- 
croft it  must  be  rejected.  Neither  the  scheme  of  Mr.  Pinckney 
nor  that  of  Mr.  Hamilton  is  important  in  this  recital,  because 
neither  of  them  ever  became  the  base  of  the  Convention's  delib- 
erations ;  and  the  opinions  of  both  these  distinguished  delegates 
appear  in  the  course  of  the  debates  upon  the  three  plans  offered 
in  the  name  of  the  respective  States  of  Virginia,  Connecticut,  and 
New  Jersey. 

New  Jersey,  pressed  between  her  two  large  and  powerful 
neighbors  to  whom  she  was  liable  to  pay  commercial  tribute,  de- 
sired to  amend  the  Confederate  articles,  chiefly  that  duties  might 
be  made  to  bear  equally  on  all  the  States,  preserving  her  State 
sovereignty  and  equality  in  voting  power.  These  points  granted, 
she  would  concede  further  amendments. 

Connecticut,  also,  desired  to  adhere  to  the  Confederate  sys- 
tem. With  a  delegation  unsurpassed  in  experience,  learning, 
and  ability,  she  appears  to  have  suggested,  about  the  time  the 
Virginia  plan  was  reported,  a  scheme  of  amendment  of  the  Con- 
federation, consisting  of  several  sections,  the  product  of  her 
experience  under  the  infirm  government  then  existing. 

Parts  of  both  the  Virginia  and  Connecticut  propositions  were 
accepted  and  parts  refused,  as  will  appear  by  the  following 
analysis  of  their  principal  clauses  and  the  ultimate  disposition 
made  of  them. 

In  the  scheme  of  Virginia,  which  fortunately  had  precedence 
in  time  and  in  the  outlined  completeness  of  its  form,  were  found 
the  principles  of  a  new  and  thoroughly  constitutional  govern- 
ment for  the  whole  people,  combined  for  general  purposes  into 
one  nation.  This  qualification  of  "  national"  occurred  in  it  nine- 
teen times  as  it  went  into  committee  and  twenty-five  times  as 


THE   CONSTITUTIONAL    CONVENTION.  39 

it  was  reported  from  the  committee,  and  left  no  doubt  that  it 
was  intended  to  substitute  a  new  government  for  the  whole 
country,  to  which  the  States  should  be  auxiliary  for  only  their 
internal  economy  respectively.  Every  attribute  of  sovereignty 
looking  to  their  relations  beyond  their  own  respective  geograph- 
ical boundaries  was  transferred  to  the  general  or  "  national" 
government.  The  latter  was  to  be  independent  of  the  individual 
States  and  in  no  way  responsible  to  them.  Its  reliance  was 
directly  on  the  people,  from  whom  it  was  to  choose  its  own  legis- 
lative, executive,  and  judicial  agents,  who  should  be  responsible 
to  itself  alone. 

OF   THE   LEGISLATIVE   DEPARTMENT. 

Suffrage  in  the  "  national  legislature"  ought  to  be  propor- 
tioned to  quotas  of  contribution  or  the  number  of  free  inhabi- 
tants (refused).  It  should  consist  of  two  branches,  the  members 
of  the  first  to  be  elected  by  the  people  of  the  several  States  and 
to  receive  a  compensation,  and  not  to  hold  any  other  office 
under  the  United  States  at  the  same  time  (accepted)  ;  to  be  in- 
eligible to  immediate  re-election,  and  to  be  subject  to  recall 
(refused).  Members  of  the  second  House  to  be  chosen  by  the 
members  of  the  first  House  from  among  persons  to  be  nomi- 
nated by  the  State  legislatures  respectively  (refused),  and  to  be 
ineligible  to  immediate  re-election  (refused).  The  "national 
legislature,"  in  addition  to  the  legislative  rights  already  vested 
in  the  Confederate  Congress,  ought  "to  have  the  right  to  legis- 
late in  all  cases  to  which  the  separate  States  are  incompetent, 
or  in  which  the  harmony  of  the  United  States  might  be  inter- 
rupted by  the  exercise  of  individual  legislation"  (limited  to  the 
scope  of  granted  powers,  and  so  adopted)  ;  the  right  to  nega- 
tive all  laws  passed  by  the  several  States  contravening  the  arti- 
cles of  union  (refused)  ;  the  right  to  call  forth  the  force  of  the 
Union  against  any  member  of  the  Union  failing  in  its  duty  under 


40  THE  FORMATION  OF  THE  CONSTITUTION. 

those  articles  (refused) ;  each  House  to  have  the  right  of  origi- 
nating all  acts  ("bills  for  raising  revenue"  limited  to  the  first 
branch,  and  so  adopted). 

EXECUTIVE   DEPARTMENT. 

The  national  executive  ought  to  enjoy  the  executive  rights 
already  vested  in  the  Confederate  Congress,  and  have  a  general 
authority  to  execute  the  national  laws  (accepted,  saving  confir- 
mation of  certain  acts  by  the  Senate).  This  executive  to  be 
chosen  by  the  national  legislature  (refused)  ;  and  to  be  ineligible 
for  a  second  term  (refused)  ;  and,  together  with  a  portion  of  the 
national  judiciary,  to  form  a  council  of  revision  (refused),  "with 
authority  to  examine  every  act  of  the  national  legislature  before 
it  shall  operate"  (accepted  in  the  veto  power,  with  reserved  legis- 
lative right  of  two-thirds). 

JUDICIAL   DEPARTMENT. 

"A  national  judiciary  ought  to  be  established,"  consisting  of 
one  supreme  court  and  inferior  tribunals  (adopted)  ;  to  be  chosen 
by  the  national  legislature  (refused)  ;  to  hold  their  office  during 
good  behavior  (adopted)  ;  with  jurisdiction  over  felonies  on  the 
high  seas,  and  captures,  between  foreigners  and  citizens,  between 
citizens  of  different  States,  over  questions  of  the  collection  of 
the  national  revenue  (adopted);  over  impeachment  of  national 
officers  (refused)  ;  and  questions  which  may  involve  national 
peace  and  harmony  (refused  in  those  terms). 

MISCELLANEOUS    POWERS. 

Provision  ought  to  be  made  for  admitting  new  States  out  of 
Union  territory  (accepted);  republican  government  ought  to  be 
guaranteed  to  each  State  (accepted),  and  also  its  territory  (re- 
fused). All  engagements  of  the  existing  Congress  to  be  ob- 
served (accepted).  Provision  to  be  made  for  amendment  of 


THE   CONSTITUTIONAL    CONVENTION.  41 

these  articles,  to  which  the  assent  of  the  national  legislature 
ought  not  to  be  required  (accepted).  The  legislative,  executive, 
and  judicial  powers  of  the  several  States  to  be  bound  by  oath 
to  support  the  articles  (accepted).  The  acceptance  of  these  new 
articles  by  the  States  to  be  decided  by  vote  of  conventions  ex- 
pressly called  therefor  (accepted). 

The  scheme  offered  by  the  State  of  Connecticut  differed  from 
the  preceding  in  important  particulars.  Like  the  other,  it  gave 
to  Congress  jurisdiction  over  foreign  and  interstate  commerce, 
with  a  revenue  from  the  customs  and  the  post-office  (enlarged 
and  accepted)  ;  and  power  to  make  laws  in  all  cases  which  con- 
cerned their  common  interests,  but  not  to  touch  the  State 
authorities  in  affairs  concerning  only  the  local  welfare  (accepted 
in  principle).  But  the  laws  of  the  United  States  covering  the 
common  interests  of  the  States  were  to  be  enforced  by  the 
judicial  and  other  authorities  of  the  States  themselves  (refused). 
For  certain  specific  purposes  the  United  States  were  to  estab- 
lish a  supreme  and  other  necessary  tribunals  (enlarged  and  ac- 
cepted). No  State  could  make  a  currency  of  bills  of  credit 
(accepted),  nor  make  laws  violating  contracts  where  foreigners 
or  citizens  of  other  States  were  interested  (accepted  with  enlarge- 
ment). The  Union  treasury  was  to  be  supplied  by  the  States  in 
the  proportion  which  their  respective  numbers  of  free  inhabit 
tants — excluding  untaxed  Indians,  and  adding  three-fifths  of  all 
other  persons — bore  to  the  whole  (refused).  Some  provision 
might  be  made  for  calling  on  the  people  by  the  United  States 
for  the  enforcement  of  their  laws ;  and  in  case  of  the  failure  of 
any  State  to  pay  in  its  quota  the  United  States  could  levy  and 
collect  the  same  directly  from  the  people  of  the  delinquent  State 
(abandoned).  Criminal  trials  must  be  by  jury,  and  in  the  State 
where  the  offence  was  committed  (accepted). 

The  New  Jersey  system  was  intended  to  unite  all  the  oppo- 
nents of  a  new  and  national  government,  and  was  purely  federal. 

VOL  I. — 7 


42  THE  .FORMATION  OF  THE  CONSTITUTION. 

It  contained  some  important  and  useful  amendments  of  the  ex- 
isting Confederation.  It  retained,  however,  the  Congress  of  a 
single  body,  and  provided  for  the  election  by  it  of  a  plural  ex- 
ecutive, which  was  little  better  than  a  committee  of  Congress, 
because  the  latter  could  at  any  time  revoke  its  powers  on  demand 
of  the  States.  The  only  direct  revenue  it  granted  to  the  United 
States  was  to  be  derived  from  duties,  stamps,  and  the  post-office. 
For  the  rest  it  maintained  the  old  system  of  requisitions,  and 
gave  primary  jurisdiction  of  most  federal  questions  to  the  courts 
of  the  State,  with  appeal  to  the  Federal  Supreme  Court.  Many 
of  its  provisions  were  concurrent  with  those  already  approved  in 
committee.  But  being  based  on  the  Confederation,  the  decision 
upon  it  was  adverse, — seven  States  to  three,  with  Maryland 
divided. 

The  most  strongly-marked  line  of  division  in  the  Convention 
was  upon  the  question  whether  the  new  government  should  be 
federal  or  national ;  that  is,  whether  it  should  rest  upon  the  States 
as  independent  political  powers,  or  upon  the  people  of  all  the 
States  as  the  ultimate  source  of  all  political  authority.  If  the 
former  idea  prevailed,  the  new  government  would  still  be  a  mere 
league,  and  might  be  dissolved  by  its  members,  like  any  other 
league  between  States.  If  the  national  ideas  were  dominant,  then 
the  new  government  would  hold  its  powers  direct  from  the  people 
of  the  entire  country  which  should  adhere  to  the  new  Constitu- 
tion. In  this  case  each  separate  State,  while  exercising  its  re- 
tained domestic  authority  undisturbed,  would  be  merged  in  the 
nation  in  respect  to  all  matters  within  the  national  jurisdiction. 
As  to  these  its  sovereignty  and  its  independence  would  be  lost. 
The  power  of  a  State  in  these  relations  became  only  the  power  of 
an  individual, — that  of  being  counted.  No  power  of  reserved  and 
final  judgment  could  then  be  claimed  for  a  State  without  at  the 
same  time  destroying  the  national  government ;  that  is  to  say, 
such  a  judgment  could  only  be  made  effective  by  rebellion  and 


THE   CONSTITUTIONAL    CONVENTION. 


43 


force  outside  of  the  Constitution.  It  was  also  distinctly  designed 
that  the  people — not  the  States  as  legislative  corporations — 
should  establish  the  validity  of  the  Constitution.  Hence  it  was 
insisted,  and  finally  resolved  in  the  new  Constitution,  that  the 
people  should  adopt  it  by  special  conventions  called  for  the  pur- 
pose of  considering  it.  Thus  they  resorted  to  a  power  behind  the 
State  legislatures,  behind  even  their  constitutions,  for  the  sanc- 
tion of  the  new  instrument,  and  as  the  original  source  of  the  new 
national  rights.  For  this  purpose  the  States  were  employed  only 
as  necessary  geographical  circumscriptions  for  obtaining  the  vote 
which  bound  the  State  corporation  to  the  Union,  as  counties  and 
towns  are  employed  for  the  returns  of  the  popular  suffrages  in 
State  elections  and  on  questions  of  annexation  of  territory.  That 
popular  affirmation  then  becomes  a  finality. 

This  is  the  logical  thread  which  will  safely  conduct  us  through 
the  mazes  of  our  constitutional  history,  and  through  the  long 
debates  of  its  formative  period,  and  even  of  the  later  period  of 
the  construction  given  to  that  instrument  by  the  great  tribunal 
which  it  established.  In  the  beginning  it  was  the  "United  States 
of  America"  who  appealed  "to  the  Supreme  Judge  of  the  world 
for  the  rectitude  of  their  intentions,"  and  "  in  the  name  and  by 
the  authority  of  the  good  people  of  these  colonies"  declared  free- 
dom and  independence.  It  was  only  the  "  United  States"  which 
then  claimed  the  right  to  levy  war,  conclude  peace,  contract  alli- 
ances, and  do  all  other  acts  belonging  of  right  to  independent 
States.  Nowhere  are  these  acts  and  powers  said  to  belong  to 
each  of  them.  But  this  declaration  established  no  rights ;  it  only 
expressed  theories  and  aspirations.  Conflict  in  financial  and 
military  interests  between  the  States  very  soon  threw  them  back 
upon  their  individuality  acquired  under  colonial  charters.  Their 
melancholy  experience  of  disunited  action  during  the  war  next 
inclined  them  to  the  formation  of  some  sort  of  new  common  bond 
and  common  authority.  Then  they  adopted  the  "Articles  of  Con- 


44  THE  FORMATION  OF  THE  CONSTITUTION. 

federation  and  Perpetual  Union,"  which  they  styled  "a  firm  league 
of  friendship  with  each  other,"  and  in  which  "each  State"  now 
appears,  retaining  "its  sovereignty,  freedom,  and  independence," 
and  only  delegating  certain  functions  of  state  to  the  "  United 
States  in  Congress  assembled."  Further  to  express  its  character 
as  a  league,  a  compact,  and  not  a  nation,  each  State  expressly 
reserved  its  right  to  an  equal  vote,  and  to  recall  its  delegates  at 
any  time  and  send  others  at  will,  only  limiting  the  number  of 
deleo-ates  to  seven  as  the  maximum  and  two  as  the  minimum  from 

o 

each  State.  They  had  no  revenue  except  what  each  State  should 
give.  Nor  could  the  assembly  so  constituted  act  by  a  majority 
of  members,  or  even  of  States.  In  all  the  more  important  mat- 
ters the  consent  of  nine  States  was  required.  Any  alteration  in 
the  articles  required  the  approval  of  every  individual  State.  Thus 
State  rights  were  not  only  observed,  but  strongly  established  by 
this  first  compact  or  treaty.  This  was  a  government  resting  upon 
and  deriving  its  powers  solely  from  the  States  as  corporate 
bodies. 

We  have  already  traversed  the  time,  strewn  with  disasters 
and  marked  by  disorders  increasing  as  time  elapsed,  during  which 
the  American  States  and  people  became  wholly  alienated  from 
this  empty  form  of  government,  which  had  indeed  brought  on 
them  bitter  reproaches  at  home  and  disdain  abroad.  We  are 
prepared  to  witness  the  reappearance  of  the  national  conception 
of  government,  returning  in  flood-tide  to  the  minds  of  the  patri- 
otic builders  of  government.  The  leap  from  the  confederate 
league  to  the  constitutional  union,  long  as  it  was,  becomes  only 
the  dictate  of  experience.  The  corporate  States  no  more  ap- 
pear as  fountains  of  national  authority,  revocable  at  will.  This 
act,  like  that  of  the  Declaration  of  Independence,  is  in  the  name 
of  the  people.  "We,  the  people  of  the  United  States,  .  .  . 
ordain  and  establish  this  Constitution  for  the  United  States  of 
America."  We  observe  that  the  Confederation  was  "between 


THE   CONSTITUTIONAL    CONVENTION.  45 

the  States," — "  the  said  States  hereby  severally  enter  into  a  firm 
league."  The  greater  sovereignty  of  the  people  was  ignored. 
Now,  however,  this  ultimate  popular  sovereignty  is  in  the  fore- 
front, and,  by  "ordaining  the  Constitution  for  the  United  States," 
imposes  its  will  on  the  separate  States  as  represented  by  legis- 
latures and  overrides  State  constitutions  and  State  laws.  It  thus 
asserts  its  overruling  authority  in  the  opening  clause  of  the  Con- 
stitution ;  it  requires  all  State  officers  to  take  oath  to  support 
it ;  and  confirms  it  by  the  people's  ratification  as  required  by  its 
final  clause.  The  alpha  and  the  omega  recognize  only  the 
people,  and  not  the  corporate  States,  as  ordainers  of  the  new 
Constitution.  The  words  "league"  and  "compact"  disappear,  and 
the  principles  they  represent  are  annihilated  by  the  people's  sov- 
ereign will. 

The  motives  for  this  radical  arid  mighty  change  in  the  form 
of  government  can  be  traced  in  the  record  of  past  events.  It 
becomes  very  apparent  as  we  pursue  the  course  of  the  debates 
in  the  Convention,  where  its  importance  was  so  fully  recognized, 
that  the  decisions  of  that  body  on  the  issues  between  the  par- 
tisans of  the  national  and  of  the  confederate  plans  caused  the 
withdrawal  of  some  State-sovereignty  members  and  the  absten- 
tion of  some  hesitating  unionists. 

Governor  Randolph,  in  his  opening  speech  recommending  the 
national  plan  of  Virginia,  said,  "  We  ought  to  be  one  nation." 
A  resolution  prepared  by  Gouverneur  Morris  was  early  accepted 
by  six  States  against  one,  "  that  a  national  government  ought  to 
be  established  consisting  of  a  supreme  legislative,  executive,  and 
judiciary."  And  it  was  avowed  that  this  supremacy  meant  that 
in  collisions  of  authority  between  Union  and  State  the  former 
must  prevail.  Morris  enforced  his  proposition,  saying,  "  In  all 
communities  there  must  be  one  supreme  power,  and  one  only. 
A  confederacy  is  a  mere  compact,  resting  on  the  good  faith  of 
the  parties  A  national,  supreme  government  must  have  a  com- 


46  THE  FORMA  TION  OF  THE  CONSTITUTION. 

plete  and  compulsive  operation."  Mason,  of  Virginia,  struck  the 
vital  chord  of  our  system  when  he  said,  "  In  the  nature  of  things 
punishment  cannot  be  executed  on  the  States  collectively;  there- 
fore such  a  government  is  necessary  as  can  operate  directly  on 
individuals.'  Lansing,  of  New  York,  who  afterwards  seceded, 
moved  to  give  States  an  equality  of  power  even  in  the  first 
branch  of  the  national  legislature,  and  said  thereupon,  "  The 
sense  of  the  Convention  on  this  point  will  determine  the  ques- 
tion of  a  federal  or  national  government."  His  motion  was  de- 
feated, obtaining  but  four  votes  out  of  eleven,  establishing  it  as 
the  people's  government  in  distinction  from  that-  of  the  States. 

VI.    THE   DEBATE  ON   THE   LEGISLATIVE   ORGANIZATION. 

THERE  was  a  general  conviction  that  the  legislature  for  the 
Union  should  be  composed  of  two  branches.  Pennsylvania  ap- 
peared to  have  doubts,  and  her  delegation  alone  interrupted  at 
the  time  the  unanimity  of  voices  on  this  vote ;  but  later  they 
also  gave  their  adhesion. 

When  the  next  question  came,  how  these  two  branches  should 
be  chosen,  the  debate  JDecame  interesting  and  much  more  ob- 
stinate. Were  the  States  to  retain  their  equality  of  suffrage  as 
in  the  Confederacy?  Should  all  the  States  have  votes  propor- 
tioned to  their  population  ?  Should  this  proportion  prevail  in 
both  branches  of  the  new  legislature?  Should  the  members  of 
both  Houses  be  appointed  by  the  legislatures  of  States  or  by 
the  people?  Great  diversity  of  opinion  appeared  on  all  these 
points,  and  particularly  between  the  representatives  of  large  and 
of  small  States. 

Hamilton  demanded  that  suffrage  in  the  national  legislature 
should  be  proportioned  to  the  number  of  free  inhabitants.  Madi- 
son, inclined  to  feel  his  way  more  cautiously,  offered  a  resolution 
which  simply  declared  against  equality  of  suffrage  as  provided  by 


THE  DEBATE   ON  THE  LEGISLATIVE   ORGANIZATION.         47 

the  Articles  of  Confederation,  and  for  an  equitable  ratio  of  repre- 
sentation instead.  He  argued  that,  while  "  equality  of  suffrage 
may  be  reasonable  in  a  federal  union  of  sovereign  States,  it  can 
find  no  place  in  a  national  government."  This  question  was  vital 
to  the  delegation  from  Delaware,  who  came  specifically  instructed 
to  insist  on  the  equality  of  State  suffrage.  The  larger  States 
felt  sharply  the  injustice  which  existed  for  them  in  any  govern- 
ment where  a  small  population,  small  revenues,  and  small  in- 
dustrial interests  should  exert  an  equal  influence  over  legislation 
with  those  of  vastly  greater  extent.  The  small  States,  on  the 
other  hand,  feared  to  be  reduced  to  a  nullity,  with  all  their 
separate  interests,  if  they  did  not  obtain  for  the  future  the 
same  equality  which  had  existed  in  the  past.  The  debate  then 
took  a  wider  range,  and  brought  into  collision  the  nationalists 
and  the  federalists  on  the  question  whether  the  members  of  the 
proposed  Congress  of  two  branches  should  be  elected  by  the 
people,  or  appointed  by  the  legislatures  of  the  respective  States. 
The  advocates  of  State  sovereignty  demanded  that  the  State 
government  should  furnish  the  agents  necessary  to  the  execution 
of  the  affairs  of  the  new  Union.  They  still  clung  to  the  theory 
of  a  general  government  whose  powers,  were  delegated  by  the 
several  States,  and  not  derived  from  the  people  themselves,  who 
were  higher  authority  than  the  States.  The  equally  logical 
nationalists,  clinging  to  their  purpose  of  a  government  with  in- 
herent powers,  to  be  conferred  by  a  charter  deriving  its  valid- 
ity directly  from  the  people,  and  not  through  the  State  govern- 
ments, demanded  the  election  of  one  or  both  branches  by  the 
people.  Some  extraordinary  views  were  presented  by  mem- 
bers while  advocating  their  respective  theories.  "The  people 
should  have  as  little  to  do  as  maybe  about  the  government; 
they  lack  information  and  are  constantly  liable  to  be  misled;  the 
election  ought  to  be  by  the  State  legislatures,"  said  a  voice  from 
Connecticut.  Charles  Pinckney  and  John  Rutledge  also  demanded 


48  THE  FORMATION  OF  THE  CONSTITUTION. 

the  elective  power  for  the  legislatures  of  the  States,  the  former 
regarding  the  people  as  incompetent  to  choose  wisely.  Said 
Gerry,  of  Massachusetts,  "  The  people  do  not  lack  virtue,  but 
they  are  the  dupes  of  pretended  patriots." 

On  the  other  hand,  Wilson,  of  Pennsylvania,  keen  in  percep- 
tion, strong  in  expression,  and  able  in  debate,  replied,  "Without 
the  confidence  of  the  people  no  government,  least  of  all  a  re- 
publican government,  can  long  subsist.  Besides,  the  weight  of 
the  State  legislatures  ought  not  to  be  increased  by  making  them 
the  electors  of  the  national  legislature.  Vigorous  authority 
should  flow  immediately  from  the  source  of  all  authority, — the 
people.  Representation  ought  to  be  the  exact  transcript  of  the 
whole  society."  Mason  thought  the  "  larger  branch  should  be 
the  grand  depository  of  the  democratic  principle  of  the  govern- 
ment Under  the  existing  confederacy  Congress  represents  the 
States,  not  the  people  of  the  States ;  their  acts  operate  on  the 
States,  not  on  individuals.  In  the  new  plan  of  government  the 
people  will  be  represented ;  they  ought,  therefore,  to  choose  the 
representatives."  Roger  Sherman  thought  the  question  involved 
the  very  existence  of  State  governments.  "  If  it  is  in  view," 
said  he,  "  to  abolish  the  State  governments,  the  elections  ought 
to  be  by  the  people.  If  they  are  to  be  continued,  the  elections 
to  the  national  government  should  be  made  by  them."  Alex- 
ander Hamilton,  opposing  his  colleague,  Lansing,  affirmed  em- 
phatically, "  It  is  essential  to  the  democratic  rights  of  the  com- 
munity that  the  first  branch  be  directly  elected  by  the  people." 
Mason  added,  '•  It  is  the  only  security  for  the  rights  of  the 
people."  Rutledge  claimed  that  elections  by  the  legislature 
would  be  "a  refining  process."  Wilson  answered  South  Caro- 
lina with  the  declaration,  "The  election  of  the  first  branch  by 
the  people  is  not  the  corner-stone  only,  but  the  foundation  of 
the  fabric."  And  this  was  emphatically  true,  because  the  new 
plan  was  built  upon  the  people,  not  on  the  States. 


THE  DEBATE  ON  THE  LEGISLATIVE   ORGANIZATION.         49 

Most  of  the  large  States  were  earnest  in  repudiating  an 
equal  and  in  demanding  a  proportional  representation  in  both 
Houses,  and  some  of  the  delegates  insisted  that  both  should  be 
elected  by  the  people.  The  patriotic  Dickinson,  mindful  of  his 
instructions  from  Delaware,  and  recognizing  as  well  the  neces- 
sity of  some  compromise  of  opinion  between  the  opposing  ele- 
ments, proposed  that  one  branch  should  be  elected  by  the 
people,  the  other  by  the  legislature,  in  which  Pierce,  of  Georgia, 
concurred.  It  was  a  sagacious  movement  towards  reconciliation 
of  the  States,  and  was  also  a  step  towards  the  establishment  of 
equal  State  representation  in  the  second  branch  of  Congress. 
But  Madison  strenuously  resisted  it  to  the  last.  He  said,  "To 
depart  from  proportional  representation  in  the  Senate  is  inad- 
missible, being  evidently  unjust.  The  use  of  the  Senate  is  to 
consist  in  its  proceeding  with  more  coolness,  system,  and  wisdom 
than  the  popular  branch.  Enlarge  their  number,  and  you  com- 
municate to  them  the  vices  they  were  meant  to  correct." 

Dickinson  still  insisted  that  "the  preservation  of  the  States 
in  a  certain  degree  of  agency  was  indispensable.  The  proposed 
national  system  is  like  the  solar  system,  in  which  the  States  are 
the  planets,  and  they  ought  to  be  left  to  move  more  freely  in 
their  proper  orbits." 

Wilson,  who  declared  himself  for  the  election  of  the  second 
branch  also  by  the  people  in  large  districts,  rejoined,  with  far- 
seeing  vision,  "The  States  are  in  no  danger  of  being  devoured 
by  the  national  government :  I  wish  to  keep  them  from  devouring 
the  national  government.  Their  existence  is  made  essential  by 
the  great  extent  of  our  country." 

The  weight  of  Gerry  and  of  Sherman  was  thrown  on  the  side 
of  elections  to  the  second  branch  by  the  legislature.  Charles 
Pinckney  threw  into  the  debate  the  fruitless  suggestion  that  the 
States  might  be  periodically  divided  into  three  classes,  according 
to  their  population,  and  one,  two,  or  three  senators  allowed  to 

VOL.  I. — 8 


50  THE  FORMATION  OF  THE  CONSTITUTION. 

them,  according  to  their  relative  importance.  The  coming  result 
of  the  long  debate  was  indicated  by  the  forcible  remarks  of 
Mason,  of  Virginia,  that  "the  State  legislatures  ought  to  have 
some  means  of  defending  themselves  against  encroachments  of 
the  national  government.  What  better  means  can  we  provide 
than  to  make  them  a  constituent  part  of  the  national  establish- 
ment?" The  opposition,  in  order  to  bring  in  the  smaller  States, 
at  last  yielded  this  point  of  senatorial  election  by  legislatures 
as  preliminary  to  equality  of  State  representation  in  the  second 
branch;  and  the  choice  of  senators,  whatever  their  number,  was 
by  general  consent  conceded  to  the  State  legislatures,  and  the 
choice  of  the  first  branch  was  given  to  the  people. 

There  still  remained  the  vital  question  between  large  and 
small  States,  What  should  be  the  ratio  of  their  representation  in 
each  of  the  two  Houses  ?  The  struggle  over  this  point  was  so 
severe  and  threatening  that  the  venerable  Franklin  intervened 
to  moderate  its  ardor,  and  begged  the  disputants  to  remember 
that  their  duty  was  to  consult  rather  than  contend.  New  Jersey 
delegates  were  firmly  hostile  to  any  plan  which  should  destroy 
the  equality  of  the  States.  The  great  States,  with  the  exception 
of  New  York,  were  equally  determined  to  maintain  their  right 
to  a  representation  proportioned  to  their  numerical  superiority. 
The  test  was  first  taken  on  the  first  House,  representing  the 
people  in  distinction  from  the  States.  The  Convention,  remem- 
bering a  former  conciliatory  proposition  to  supply  the  common 
treasury  in  the  proportion  of  the  number  of  free  inhabitants  with 
the  addition  of  three-fifths  of  other  persons,  excluding  untaxed 
Indians,  turned  to  this  rule  of  direct  taxation  for  the  ratio  of  their 
representation  in  the  national  House  of  Representatives.  It  was 
only  adopted  by  a  majority  vote.  Massachusetts,  Pennsylvania, 
Virginia,  the  two  Carolinas,  and  Georgia,  in  this  supported  by 
Connecticut,  gave  the  proposition  seven  votes,  with  Maryland 
divided.  New  York,  overruling  Hamilton,  placed  herself  in  oppo- 


THE  DEBATE  ON  THE  LEGISLATIVE   ORGANIZATION.         51 

sition  by  the  side  of  New  Jersey  and  Delaware,  New  Hampshire 
and  Rhode  Island  being  absent. 

Connecticut,  having  given  that  very  important  vote  which 
made  up  the  majority  of  all  the  thirteen  States  for  the  preceding 
proposition,  naturally  considered  herself  entitled  to  a  potential 
voice  in  settling  the  question  of  the  second  House.  Roger 
Sherman  said  emphatically  that  each  State  should  have  one  vote 
in  the  Senate.  "  Everything  depends  on  this :  the  smaller  States 
will  never  agree  to  the  plan  on  any  other  principle  than  an 
equality  of  suffrage  in  this  branch."  But  for  the  time  this  prin- 
ciple was  defeated  by  a  vote  of  six  to  five,  and  the  rule  of  pro- 
portional suffrage  already  applied  to  the  other  House  was  adopted 
for  the  Senate  by  the  same  vote  of  six  to  five,  Maryland  and 
Connecticut  joining  the  other  three  minority  States.  Only  one 
senator  was  assured  to  the  small  States  against  several  to  their 
more  populous  competitors.  Not  long  afterwards  the  necessity 
for  further  concessions  from  the  Virginia  project  became  appar- 
ent, and  Franklin,  with  Davie  of  North  Carolina,  encouraged  the 
demand  of  the  smaller  States  for  equality  of  representation  in  the 
Senate.  This  equality  of  the  States  in  that  branch  seemed  to 
them  the  only  means  of  saving  the  Constitution  from  threatened 
defeat  at  its  inception. 

Before  this  result  was  reached  the  debates  indicate  an  agony 
of  experience  in  the  Convention,  tending  to  breed  despair  in  the 
hearts  of  the  most  faithful  patriots.  The  Virginia  plan,  modified 
and  improved,  had  been  successfully  reported,  instead  of  the  New 
Jersey  plan,  from  the  Committee  of  the  Whole  on  June  igth. 
The  "national"  idea  having  been  clearly  established  by  the 
majority,  Ellsworth,  of  Connecticut,  who  had  himself  accepted  it, 
saw  the  propriety  of  removing  from  the  text  a  word  which  gave 
needless  alarm  to  New  Jersey  and  Delaware ;  and  he  moved  the 
substitution  of  the  description,  "the  government  of  the  United 
States,"  instead  of  "the  national  government,"  in  accordance  with 


52  THE  FORMATION  OF  THE  CONSTITUTION. 

the  suggestion  of  Dickinson.  As  the  substance  remained,  the 
majority  at  once  concurred  in  that  proposition,  and  without  dis- 
sent. But  Lansing  and  Yates,  of  New  York,  who  had  rarely 
made  any  contribution  towards  the  harmony  of  the  Convention, 
and  who  formed  the  majority  of  their  State  delegation,  were  re- 
solved against  yielding  to  any  concession.  Lansing,  ignoring  the 
progress  already  made,  moved  a  return  to  the  federal  plan,  and 
supported  it  by  an  inharmonious  and  discouraging  speech,  assail- 
ing the  powers  of  the  Convention.  Mason  responded  with  in- 
dignation against  the  reopening  of  a  question  which  should  now 
be  considered  as  definitely  settled  by  the  Convention.  The 
motion  was  of  course  defeated,  and  the  discussion  proceeded 
upon  the  manner  in  which  the  two  Houses  should  be  consti- 
tuted. 

Wilson  made  an  effort  to  lift  the  eyes  of  his  associates  from 
the  narrow  ground  of  local  and  transient  interests.  In  view  of 
the  vast  extent  of  the  territory,  the  immense  population  destined 
to  occupy  it,  and  the  future  influence  of  its  government  over  the 
whole  globe,  he  said,  "  I  am  lost  in  the  magnitude  of  the  object. 
We  are  laying  the  foundation  of  a  building  in  which  millions  are 
interested,  and  which  is  to  last  for  ages.  ...  A  citizen  of  America 
is  a  citizen  of  the  general  government,  and  a  citizen  of  the  par- 
ticular State  in  which  he  may  reside.  The  general  government  is 
meant  for  them  in  the  first  capacity ;  the  State  government  in  the 
second.  .  .  .  The  general  government  is  not  an  assemblage  of 
States,  but  of  individuals,  for  certain  political  purposes ;  it  is 
not  meant  for  the  States,  but  for  the  individuals  composing  them. 
The  individuals,  therefore,  not  the  States,  ought  to  be  repre- 
sented in  it."  He  adhered  to  the  idea  of  popular  representation 
in  the  Senate  as  well  as  the  House,  and  thought  senators  might 
be  appointed  by  electors  chosen  by  the  people,  or  by  their  legis- 
lature. The  local  views  and  feeling  would  "find  their  way  into 
the  general  council,  through  whatever  channel  they  may  flow." 


THE  DEBATE  ON  THE  LEGISLATIVE   ORGANIZATION.         53 

Before  fixing  the  number  of  senators,  they  discussed  their 
tenure  of  office,  it  being  admitted  that  they  should  retire  by 
classes  in  such  a  manner  that  the  body  should  be  more  frequently 
renewed  by  fractions  of  its  whole  number.  The  terms  of  four, 
six,  seven,  and  nine  years,  and  during  good  behavior,  were  in  turn 
suggested,  the  latter,  however,  failing  of  support.  Gorham,  of 
Massachusetts,  and  Wilson,  of  Pennsylvania,  proposed  the  mean  of 
six  years,  with  biennial  renewals  of  one-third,  which  was  carried 
by  the  votes  of  seven  States  against  four. 

Again  was  presented  the  question  of  the  voting  equality  of 
States  in  the  two  Houses  as  the  vital  point  of  discussion,  which, 
from  the  refusal  of  some  of  the  members  to  accept  any  decision 
as  final,  had  become  not  only  threatening,  but  exasperating. 
When  Rutledge  now  brought  forward  the  subject,  Martin,  of 
Maryland,  who  seemed  more  persistent  in  presenting  his  own 
views  than  those  of  his  State,  directed  his  assault  upon  a  point 
which  perhaps  more  than  any  other  had  been  decisively  settled, — 
that  this  general  government  was  to  operate  upon  individuals  and 
not  through  the  State  governments.  He  went  so  far  as  to  predict 
the  defeat  of  the  plan  by  the  influence  of  Governor  Clinton  in 
New  York.  One  heated  speech  produced  others,  and  the  strongest 
men  of  the  Convention  met  in  the  fray.  All  discordant  views, 
ranging  from  a  continuance  of  the  old  federation  to  a  solid  gov- 
ernment of  the  Union  in  which  States  should  stand  to  the  general 
government  in  the  relation  of  counties  to  a  State,  found  urgent 
and  sometimes  passionate  expression.  It  was  afterwards  written 
of  that  time  by  one  of  the  participators  in  the  debate,  that  the 
Convention  was  on  the  verge  of  dissolution,  scarcely  held  together 
by  the  strength  of  a  hair.  It  was  then  that  the  aged  Franklin 
urged  his  colleagues  to  invoke  publicly  and  daily  the  aid  of  the 
Almighty,  that  they  who  labored  to  build  the  house  might  not 
build  in  vain. 

On    the    following    days    the    debate    proceeded    with    more 


54 


THE  FORMATION  OF  THE   CONSTITUTION. 


moderation.  Gorham  said,  impressively,  "A  union  of  the  States 
is  necessary  to  their  happiness,  and  a  firm  general  government 
is  necessary  to  their  union."  "The  States,"  said  Madison,  in 
reply  to  the  claim  that  they  each  became  sovereign  by  the 
acquisition  of  their  independence  of  England, — "  the  States  never 
possessed  the  essential  rights  of  sovereignty ;  these  were  always 
vested  in  Congress.  Voting  as  States  in  Congress  is  no  evi- 
dence of  sovereignty.  The  State  of  Maryland  voted  by  coun- 
ties :  did  this  make  the  counties  sovereign  ?  The  States,  at 
present,  are  only  great  corporations,  having  the  power  of  making 
by-laws  not  contradictory  to  the  general  Confederation;"  Hamil- 
ton asked  if  each  citizen  of  Delaware  would  have  less  liberty 
because  each  citizen  of  Pennsylvania  had  an  equal  vote  with 
him.  He  said  the  contest  was  for  power,  not  for  liberty.  It 
was  then  settled,  for  the  last  time,  that  in  the  first  branch  the 
voting  should  be  in  the  ratio  of  population ;  and,  as  to  this 
House,  equality  of  State  suffrage  was  abandoned,  though  the  vote 
stood  six  to  four,  with  Maryland  divided. 

In  the  same  improved  temper  the  Convention  continued  the 
debate  upon  the  voting  power  of  States  in  the  Senate.  Many 
of  the  members  recognized  in  the  country  a  wealthy  class  and 
a  poor  class,  a  gentry  and  a  commonalty,  and  remembered  that 
in  most  if  not  all  of  the  States  at  that  time  there  was  a  prop- 
erty qualification.  These  claimed,  some  that  the  Senate  should 
represent  the  aristocratic  classes,  as  the  other  House  did  the  , 
democratic ;  some  that  it  should  be  so  composed  as  to  repre- 
sent the  interests  of  property,  which  would  not  find  a  defence 
in  the  popular  branch.  Both  had  their  influence  in  taking  the 
election  of  senators  from  the  people  and  vesting  it  in  the  legis- 
latures, and  also  in  restricting  the  number  of  that  body.  Madi- 
son maintained  there  was  no  danger  to  individual  States,  but 
there  was  danger  between  North  and  South  from  difference  of 
climate,  and  especially  from  the  existence  of  slavery ;  and  was 


THE  DEBATE  ON  THE  LEGISLATIVE   ORGANIZATION.         55 

inclined  to  provisions  which  should  give  the  South  advantageous 
powers  of  defence  against  the  North.  Some  new  propositions, 
with  confusion  and  excitement,  again  crept  into  the  discussion 
before  the  vote  was  taken  on  equal  suffrage  of  the  States  in 
the  Senate.  This  vote  was  now  again  taken,  and  resulted  in  a 
tie,  Georgia  being  divided  in  order  to  save  the  bad  effect  upon 
the  Convention  of  a  final  defeat  of  the  smaller  States. 

Charles  Cotesworth  Pinckney  then  recurred  to  the  suggestion 
of  Franklin  for  a  compromise,  and  moved  the  appointment  of  a 
grand  committee,  with  a  delegate  from  each  State,  to  report  a 
measure  covering  both  branches  of  the  legislature.  Roger  Sher- 
man endorsed  it,  saying,  "  Such  a  committee  is  necessary  to  set 
us  right."  The  committee  was  appointed,  and  consisted  of  Frank- 
lin, Gerry,  Ellsworth,  Yates,  Paterson,  Bedford,  Martin,  Mason, 
Davie,  and  Baldwin.  It  signified  a  compromise,  for  which,  in 
fact,  the  Convention  was  prepared,  because  they  knew  that  New 
Hampshire  and  Rhode  Island,  if  present,  would  convert  the 
minority  into  a  majority.  The  discussion  had  clearly  proved 
that  it  was  not  really  a  question  of  safety  to  States  or  liberty 
to  individuals,  but  a  question  of  relative  power  between  States 
in  legislation  affecting  their  respective  interests.  As  such  it  must 
be  in  some  manner  compromised,  and  the  Convention  gave  three 
days  to  the  exclusive  service  of  the  committee  by  an-  adjourn- 
ment for  that  period. 

Franklin  had  observed  the  course  of  the  debate  with  equal 
eyes,  and  no  proposition  emanating  from  him  could  be  regarded 
with  suspicion.  He  was  always  moderate,  always  sincere.  The 
committee  under  his  guidance  proposed  (i)  one  member  in  the 
first  House  for  every  forty  thousand  inhabitants,  including  all 
free  persons  and  three-fifths  of  other  persons ;  (2)  each  State  to 
have  an  equal  voice  in  the  second  branch ;  (3)  the  first  branch 
alone  to  have  the  power  to  originate  taxes  and  appropriations. 

Immediately  on  presentation  of  this  report  it  was  assailed  by 


56  THE  FORMATION  OF  THE  CONSTITUTION. 

Wilson  and  Madison,  the  champions  of  proportional  represen- 
tation, by  Butler,  and  by  Gouverneur  Morris.  The  latter  said, 
"  State  attachments  and  State  importance  have  been  the  bane  of 
our  country.  We  cannot  annihilate  the  serpents,  but  we  may 
perhaps  take  out  their  teeth.  .  .  .  Property,  not  liberty,  is  the 
main  object  of  society.  The  savage  state  is  more  favorable  to 
liberty  than  the  civilized,  and  was  only  renounced  for  the  sake 
of  property."  Numbers  alone,  in  his  opinion,  could  not  furnish 
a  just  rule  of  representation.  Rutledge  confirmed  the  statement 
that  "property  was  certainly  the  principal  object  of  society." 
The  report  was  more  quietly,  but  firmly,  defended  by  Ellsworth, 
Gerry,  and  Mason.  The  last  said,  wearily,  "I  will  bury  my  bones 
in  this  city  rather  than  expose  my  country  to  the  consequences 
of  a  dissolution  of  the  Convention  without  anything  being  done." 
Rufus  King  said,  "  Property  is  the  primary  object  of  society, 
and  in  fixing  a  ratio  ought  not  to  be  excluded  from  the  estimate." 
Butler  pronounced  "property  the  only  just  measure  of  repre- 
sentation." Wilson  denied  that  it  was  the  sole  or  even  primary 
object  of  government  and  society.  "The  improvement  of  the 
human  mind  is  the  most  noble  object."  And  so  the  question  of 
ratio  of  representation  in  the  popular  branch  was,  on  motion  of 
Gouverneur  Morris,  again  referred,  this  time  to  a  special  com- 
mittee of  five.  In  addition  to  the  proposer,  Gorham  and  King, 
both  of  Massachusetts,  with  Randolph  and  Rutledge,  were  ap- 
pointed on  the  committee. 

The  report  of  this  committee  of  five  was  confusing  to  all 
sides.  It  proposed  fifty-six  members  of  the  first  branch,  at  the 
first  election,  and  apportioned  them  among  the  States  in  such 
manner  as  to  give  twenty-six  to  the  Southern  States  and  thirty 
to  the  Northern.  It  next  provided,  in  view  of  progressive 
changes  in  wealth  and  numbers,  that  the  general  legislature  be 
authorized  to  augment  the  number  from  time  to  time,  and  also 
to  fix  the  number,  in  case  of  the  organization  of  new  States,  on 


THE  DEBATE   ON  THE  LEGISLATIVE   ORGANIZATION.         57 

the  basis  of  their  wealth  and  number  of  inhabitants.  Here  was 
•  formally  introduced  the  principle  of  the  representation  of  wealth. 
That  principle  was  then  adopted,  nine  States,  against  two,  but  was 
not  destined' to  remain.  After  further  reference  of  the  first  clause 
to  a  grand  committee,  the  Convention  accepted  their  report  upon 
it,  which  changed  the  number  of  the  first  House  from  fifty-six 
to  sixty-five,  and  in  a  proportion  which  gave  the  Southern  States 
thirty  and  the  Northern  thirty-five  members,  and  ratified  it  by  a 
vote  of  nine  States  against  two. 

In  respect  to  future  and  increased  representation  from  old 
and  new  States  it  was  contended,  on  the  one  hand,  that  the 
Atlantic  States  should  always  retain  a  majority  of  representatives 
over  the  growing  West,  which  might  otherwise  by  its  numbers 
overrule  their  interests ;  and,  on  the  other,  that  the  Southern 
States  would  yet  have  "  three-fourths  of  the  people  of  America 
within  their  limits ;"  and  some  uniform  standard  of  enumeration 
should  be  established  which  would  assure  to  them  a  right  to  pro- 
portionate representation.  All  the  States,  including  the  Western, 
must  be  treated  as  equals,  and  no  distinctions  were  admissible, 
according  to  Randolph  and  Madison.  Enumeration  of  popula- 
tion, said  others,  would  be  a  sufficient  indication  of  relative 
wealth.  The  question  became  commingled  with  that  of  slavery 
and  that  of  direct  taxation,  and  involved,  also,  that  of  relative 
political  power  in  States  and  between  different  sections  of  the 
Union,  and  produced  a  long  and  sharp  debate.  In  the  end  they 
fell  back  on  the  taxing  rule  which  had  been  once  adopted,  and 
which  based  popular  representation  on  the  number  of  free  in- 
habitants, with  three-fifths  of  the  slaves ;  and  the  Convention 
added  a  decennial  census  to  regulate  the  increase  of  representa- 
tion in  the  future.  New  States  were  to  be  governed  by  the 
same  standard. 

The  question  of  the  Senate  was  at  last  regulated  by  an 
agreement  that  each  State  should  be  represented  by  two  senators, 

VOL.  i.— 9 


58  THE  FORMATION  OF  THE   CONSTITUTION. 

"who  shall  vote  per  capital  Two  opposite  political  objects  were 
secured  by  this  last  senatorial  adjustment.  The  States  had  an 
equal  representation,  as  the  small  States  demanded;  but  the  in- 
dividuals voted,  as  the  large  States  desired,  and  not  the  States, 
thus  preserving  the  national  principle.  The  State  legislatures 
became  simply  electoral  bodies  to  provide  national  senators.  It 
passed  by  nine  votes  against  Maryland  alone.  Thus  terminated 
a  contest  which  at -one  time  threatened  to  defeat  all  the  efforts 
of  the  Convention  for  a  more  perfect  Union.  The  effect  of  this 
adjustment  was  the  pacification  of  the  small  States,  whose  dele- 
gates largely  changed  their  attitude  from  hostility  to  friendship 
in  their  relation  to  the  national  plan  of  government.  Only  once 
more  was  their  alarm  excited.  Two  days  before  the  Constitution 
was  signed  the  mode  for  amending  the  Constitution  in  the  future 
was  established.  It  could  be  amended  by  a  vote  of  three-fourths 
of  the  States.  Again  the  small  States  murmured,  fearing  hidden 
dangers  to  their  one  right  of  equality.  Their  strongest  oppo- 
nent, Gouverneur  Morris,  thought  their  apprehensions  should  be 
quieted,  and  moved  the  proviso  "  that  no  State,  without  its  con- 
sent, shall  be  deprived  of  its  equal  suffrage  in  the  Senate,"  which 
was  at  once  adopted  without  debate  or  opposition. 

VII.    THE  JUDICIARY. 

UPON  the  question  of  establishing  a  national  judiciary  the 
progress  of  the  Convention  was  less  difficult.  The  tenure  of 
the  judges  during  good  behavior  and  their  security  from  legisla- 
tive dictation  by  making  their  salaries  permanent  were  agreed 
to  without  opposition  when  first  presented  in  the  Virginia  plan. 
Later,  in  view  of  changes  in  money  value  and  in  society  itself, 
increase  of  salary  was  allowed,  but  no  reduction.  The  creation 
of  inferior  national  tribunals  was  left  ultimately  to  the  discretion 
of  Congress,  since  a  part  of  the  Convention  were  disposed  to 


THE   JUDICIARY.  59 

make  the  Supreme  Court  only  a  court  of  appeal  from  the  State 
tribunals  in  cases  where  it  should  appear  that  national  interests 
were  involved. 

The  establishment  of  inferior  courts  was  opposed  by  Butler 
and  Martin,  who  believed  them  unnecessary  and  calculated  to 
stir  up  the  jealousies  of  State  tribunals,  with  whose  jurisdiction 
they  will  interfere.  It  was  advocated  by  Gorham,  Randolph, 
Gouverneur  Morris,  and  Mason,  who  were  unwilling  to  trust 
State  courts  with  the  administration  of  national  laws.  The  gen- 
eral and  local  policy  would  often  be  at  variance.  Circumstances 
not  now  foreseen  might  render  the  power  absolutely  necessary. 
Sherman  was  willing  to  give  the  power,  but  hoped  for  the  use 
of  the  State  tribunals  whenever  possible.  The  power  to  create 
them  was  granted  to  Congress  without  a  formal  division. 

Touching  the  jurisdiction  of  the  courts,  Mr.  Madison  pro- 
posed that  it  "  extend  to  all  cases  arising  under  the  national 
laws,  and  to  such  other  questions  as  may  involve  the  national 
peace  and  harmony,"  and  this  principle  was  adopted  without 
opposition.  The  extent  of  its  jurisdiction  was  afterwards  more 
carefully  defined,  yet  remained  so  large  as  in  the  sequel  to  cause 
some  apprehension  to  the  States,  which  made  it  later  the  sub- 
ject of  the  eleventh  amendment,  adopted  in  1 798.  This  amend- 
ment removed  from  their  possible  jurisdiction  all  suits  brought 
against  a  State  by  citizens  of  any  other  State  or  of  a  foreign 
country. 

James  Wilson  and  Gouverneur  Morris  advocated  the  appoint- 
ment of  judges  by  the  executive  alone ;  John  Rutledge  and 
Charles  Cotesworth  Pinckney,  by  the  legislature ;  Madison,  Ran- 
dolph, Sherman,  and  Martin,  by  the  Senate.  Gorham  recom- 
mended their  appointment  by  the  executive,  with  the  advice 
and  consent  of  the  Senate,  which  had  been  long  the  practice 
in  Massachusetts  and  had  worked  with  satisfaction.  Sherman 
thought  the  judicial  appointments  should  be  diffused  among 


60  THE  FORMATION  OF  THE  CONSTITUTION. 

the  States,  and  the  Senate  would  be  more  likely  to  do  this 
than  the  executive.  Mason  said  if  the  judges  were  to  try  im- 
peachments of  the  executive  they  ought  not  to  be  selected 
by  him.  Gouverneur  Morris  did  not  want  the  Supreme  Court 
to  try  impeachments.  Being  at  the  seat  of  government  they 
might  be  drawn  into  intrigues  with  the  legislature  and  even  be 
previously  consulted  in  the  interest  of  the  prosecution..  This 
provision  was  then  struck  out  of  the  scheme. 

It  was  proposed  to  make  the  judges  removable  by  the  ex- 
ecutive on  application  of  the  two  Houses  of  Congress ;  but  it 
had  only  the  support  of  Connecticut  and  was  rejected.  This 
removal,  it  was  decided,  could  only  be  made  by  regular  process 
of  impeachment,  as  in  the  case  of  all  civil  officers  of  the  gov- 
ernment. 

As  reported  by  the  Committee  of  Detail  the  judicial  clause 
did  not  give  jurisdiction  of  cases  "arising  under  this  Constitu- 
tion," but  only  to  those  "arising  under  the  laws  of  the  United 
States,  and  treaties,"  etc.  The  learned  Dr.  Johnson  moved  to 
insert  the  former  clause.  Mr.  Madison  objected  to  the  enlarge- 
ment, fearing  it  gave  a  general  right  of  expounding  the  Consti- 
tution beyond  cases  of  a  judiciary  nature.  But  the  Convention 
accepted  it  without  further  dissent,  considering  that  it  would  in 
application  be  limited  to  cases  "  of  a  judiciary  nature." 

VIII.   THE   EXECUTIVE. 

IT  will  be  remembered  that  the  Virginia  plan  proposed  the 
election  of  the  executive  authority,  however  it  might  be  com- 
posed, by  the  national  legislature.  When  that  question  came  up 
for  debate  on  June  2,  Mr.  Wilson  offered  a  resolution  for  the 
election  of  the  executive  magistracy  by  electors,  who  were  to 
be  chosen  by  the  qualified  voters  of  districts  into  which  the 
States  should  be  divided ;  and  all  these  electors  so  chosen  should 


THE  EXECUTIVE.  6 1 

assemble  and  make  the  final  election,  being  themselves  ineligible 
to  that  office.  Only  Pennsylvania  and  Maryland  supported  him ; 
and  the  eight  other  States  supported  Mr.  Randolph's  proposition 
for  the  election  by  the  national  legislature,  though  it  was  opposed 
by  Mr.  Gerry.  All  were  then  doubtful  whether  the  executive 
should  be  single  or  plural,  being  mindful,  on  the  one  hand,  of  the 
exercise  hitherto  of  executive  functions  by  a  plural  committee 
designated  by  the  Congress ;  and,  on  the  other,  of  the  aspect 
of  monarchy,  in  many  eyes,  if  a  single  person  should  be  invested 
with  the  authority. 

Dr.  Franklin  wished  that  the  executive  should  have  no  compen- 
sation, but  his  expenses  should  be  paid.  He  feared  to  combine 
both  ambition  and  avarice — love  of  power  and  love  of  money — 
in  the  same  person.  He  did  not  act  from  a  desire  to  save  the 
amount  of  the  salary,  but  to  leave  no  personal  motive  in  seek- 
ing the  place  except  the  love  of  honor  and  the  public  service; 
and  he  recalled  the  great  example  of  Washington  as  com- 
mander-in-chief.  He  was  heard  with  great  respect,  but  without 
conviction,  and  with  a  feeling  that  his  proposal  was  imprac- 
tical. 

Mr.  Dickinson  and  Mr.  Bedford  desired  the  executive  to  be 
removable  by  the  national  legislature  on  request  of  a  majority 
of  the  State  legislatures.  Mr.  Mason  held  this  to  be  a  "  viola- 
tion of  the  fundamental  principles  of  good  government,"  in  which 
Mr.  Madison  and  Mr.  Wilson  concurred.  Delaware  alone  sup- 
ported it. 

Mr.  Wilson  moved  that  the  executive  consist  of  a  single 
person,  and  Mr.  Charles  Pinckney  supported  him.  Great  shyness, 
said  Mr.  Rutledge,  was  exhibited  by  gentlemen  in  taking  position 
on  that  question,  for  the  motion  was  followed  by  a  significant 
silence.  For  himself,  he  preferred  one  man,  because  "  a  single 
man  would  feel  the  greatest  responsibility,  and  administer  the 
public  affairs  best ;"  but  he  would  not  give  to  him  the  powers  of 


62  THE  FORMATION  OF  THE  CONSTITUTION. 

peace  and  war.  Mr.  Sherman  would  leave  the  number  of  the 
executive  to  the  legislature,  by  whom  they  ought  to  be  appointed 
from  time  to  time  as  they  thought  best.  It  was  the  legislative 
will  that  was  to  be  executed,  and  the  executive  should  be  ac- 
countable to  it  alone.  Mr.  Gerry  would  annex  a  council  to  the 
executive,  and  thought  a  legislative  election  would  cause  per- 
petual intrigue.  Mr.  Randolph  strongly  opposed  a  single  ex- 
ecutive, which  "he  regarded  as  the  foetus  of  a  monarchy."  Mr. 
Madison,  observing  the  apprehensions  of  monarchical  authority 
in  the  minds  of  members,  wisely  suggested  that  before  decision 
on  this  point  the  Convention  should  define  the  powers  to  be  in- 
trusted to  the  executive.  So  they  proceeded  to  this,  and  to  the 
other  question  of  method  of  appointing  the  executive ;  and  Mr. 
Wilson  still  desired  in  some  manner  an  election  by  the  people, 
as  was  the  case  of  governors  of  the  States.  Mr.  Sherman  still 
insisted  that  a  removal  of  the  executive  from  dependence  on  the 
legislature  was  "the  essence  of  tyranny."  Mr.  Gerry  suggested 
his  appointment  by  the  executives  of  the  States. 

Then  they  passed  to  the  question  of  the  term  of  office,  for 
which  Mr.  Wilson  proposed  three  years,  with  re-eligibility,  sup- 
ported by  Mr.  Sherman,  who  was  against  rotation  "as  throwing 
out  of  office  the  men  best  qualified  to  execute  its  duties  "  Mr. 
Mason  was  for  seven  years  and  non-re-eligibility,  fearing  "in- 
trigue with  the  legislature  for  reappointment."  Mr.  Bedford  was 
for  three  years,  and  ineligibility  after  nine  years. 

Seven  years  was  accepted  by  New  York,  New  Jersey,  Penn- 
sylvania, Delaware,  and  Virginia,  against  Connecticut,  North  Caro- 
lina, South  Carolina,  and  Georgia,  with  Massachusetts  divided; 
and  the  principle  of  ineligibility  a  second  time  was  agreed  to  by 
seven  States  against  Georgia  and  Connecticut,  with  Pennsylvania 
divided.  On  the  motion  of  North  Carolina,  the  executive  was 
made  removable  by  impeachment  for  certain  causes. 

Debate    being    resumed    on    the    number   of    the    executive, 


THE  EXECUTIVE.  63 

Messrs.  Rutledge  and  Charles  Pinckney,  supported  by  Butler, 
were  earnest  for  a  single  executive,  because  he  would  be  more  im- 
partial, being  responsible  to  the  whole.  With  three,  there  would 
be  a  constant  struggle  for  local  advantages.  Mr.  Butler  had  seen 
its  evil  effects  in  Holland.  But  Mr.  Randolph  was  wholly  against 
unity  in  the  executive,  which  would  fail  to  win  that  general  con- 
fidence which  three  persons  from  different  parts  of  the  country 
would  inspire.  It  was  the  semblance  of  monarchy.  Mr.  Wilson 
again  advocated  the  unity  with  powerful  arguments,  and  denied 
its  alleged  unpopularity,  affirming  that  the  people  were  accus- 
tomed to  it  in  the  head  of  their  State  governments.  The  sturdy 
Sherman  was  inclined  to  agree  with  him,  but  wanted  to  associate 
a  council,  to  make  it  more  acceptable. 

A  single  executive  was  finally  agreed  to  by  seven  States, 
against  New  York,  Delaware,  and  Maryland,  after  much  argu- 
ment and  citation  from  other  countries  and  other  times. 

The  Virginia  clause  relating  to  a  council  of  revision  was  taken 
up  and  severely  criticised ;  and  the  whole  question  of  a  revision- 
ary  power  over  legislative  enactments — of  an  absolute  and  of 
a  qualified  veto — was  searchingly  examined.  Convincing  objec- 
tions were  offered  to  the  participation  of  the  judiciary  in  such 
revision,  which  was  desired  by  New  York,  Virginia,  and  Connecti- 
cut. It  was  claimed  that  the  judiciary  should  be  free  to  construe 
the  laws,  without  incurring  a  bias  by  intervention  in  the  making 
of  them.  Mr.  Gerry  and  Mr.  King,  instead  of  a  council  of  re- 
vision, would  give  the  executive  a  negative  on  all  laws,  but  sub- 
ject to  be  overruled  by  a  large  majority  of  the  legislative  body. 
Mr.  Wilson  believed  an  absolute  negative  necessary  for  the  self- 
defence  of  the  executive,  without  which  "  the  legislature  can  at 
any  moment  sink  it  into  non-existence."  Mr.  Hamilton  was  of 
the  same  opinion,  and,  for  evidence  that  its  excessive  use  need 
not  be  feared,  remarked  that  the  power  had  not  been  used  in 
England  since  the  Revolution.  Mr.  Sherman  could  not  give 


64  THE  FORMATION  OF  THE  CONSTITUTION. 

power  to  one  man  to  override  the  will  of  the  whole.  Mr.  Butler 
also  resisted  the  absolute  negative.  Mr.  Bedford  was  opposed  to 
every  check  on  the  legislature.  Mr.  Mason  appealed  to  fears  of 
what  would  practically  be  an  elective  monarchy,  and  thought  it 
would  be  sufficient  if  the  power  was  given  to  "  suspend  offensive 
laws  till  they  shall  be  coolly  reviewed,  and  the  objections  over- 
ruled by  a  greater  majority  than  that  necessary  to  pass  them  in 
the  first  instance.  Dr.  Franklin  also  interposed  his  voice  against 
the  absolute  negative,  and  feared  the  increase  of  executive  power 
"  till  it  should  end  in  monarchy,"  and  favored  a  qualified  negative. 
At  the  close  of  the  committee's  debate  on  this  point  all  ten 
States  voted  against  the  absolute  veto.  At  last,  and  after  further 
debate,  the  Convention  accepted  Mr.  Gerry's  motion  for  an 
executive  veto,  with  power  in  two-thirds  of  the  legislature  to 
overrule  it,  Connecticut  and  Maryland  voting  no ;  and  it  so  passed 
into  the  Constitution. 

Recurring  to  the  mode  of  electing  the  executive,  the  Conven- 
tion refused  to  adopt  Mr.  Gerry's  motion  for  his  election  by  the 
State  executives,  leaving  it  unsupported  by  a  single  State.  On 
the  i  jth  of  July,  after  a  long  and  exciting  debate  over  the  con- 
stitution of  the  Senate,  the  question  of  the  executive  was  again 
resumed  by  the  Convention.  It  was  now  agreed  without  dissent 
that  it  should  consist  of  a  single  person.  His  election  by  the 
national  legislature  was,  however,  strenuously  resisted.  Gouver- 
neur  Morris  argued  that  in  that  case  "he  would  be  the  mere 
creature  of  the  legislature."  His  election  would  be  "the  work 
of  intrigue,  of  cabal,  and  of  faction  ;  it  will  be  like  the  election 
of  a  pope  by  a  conclave  of  cardinals ;  real  merit  will  rarely  be 
the  title  to  the  appointment."  The  citizens  should  elect  him. 
Roger  Sherman  thought  "the  sense  of  the  nation  would  better 
be  expressed  by  the  legislature  than  by  the  people  at  large,  who 
would  generally  vote  for  some  man  from  their  own  State."  In 
this  view  he  was  supported  by  Charles  Pinckney,  by  Mr.  Mason, 


THE  EXECUTIVE.  65 

who  thought  it  as  wise  to  "  refer  a  trial  of  colors  to  a  blind  man," 
as  this  election  to  the  people ;  and  by  Dr.  Williamson,  of  North 
Carolina.  Mr.  Wilson  supported  Mr.  Morris ;  but  they  were  for 
the  time  defeated  by  a  vote  of  nine  States  against  Pennsylvania. 
Mr.  Martin,  of  Maryland,  moved  his  election  by  electors  appointed 
by  the  State  legislatures,  which  proposition  then  received  only 
two  votes.  The  election  by  the  national  legislature  was  still 
allowed  to  stand,  and  his  powers  were  next  considered. 

The  executive  was  charged  with  the  execution  of  "  the 
national  laws,"  and  authorized  "  to  appoint  to  offices  in  cases 
not  otherwise  provided  for"  without  opposition. 

On  the  question  of  his  non-eligibility  for  a  second  term  of 
office,  as  proposed  in  the  Virginia  scheme,  Gouverneur  Morris 
said  "  it  tended  to  destroy  the  great  motive  to  good  behavior, 
— the  hope  of  being  rewarded  by  a  reappointment.  It  was 
saying  to  him,  '  Make  hay  while  the  sun  shines.' '  This  pro- 
vision was  then  struck  out  by  a  vote  of  six  States  against  Dela- 
ware, Virginia,  and  North  and  South  Carolina. 

On  the  question  of  a  term  of  seven  years,  Mr.  Broom,  of 
Delaware,  in  view  of  the  fact  that  the  executive  would  now  be 
re-eligible,  moved  to  reduce  the  term.  Dr.  McClurg,  on  the 
contrary,  to  rescue  him  from  a  constant  and  servile  dependence 
on  the  legislature  electing  him,  moved  a  term  "during  good 
behavior."  Gouverneur  Morris  gladly  seconded  him,  saying, 
"  This  was  the  way  to  get  a  good  government,"  and  Mr.  Broom 
concurred.  Roger  Sherman  opposed  it:  "If  he  behaves  well, 
he  will  be  continued;  if  otherwise,  displaced;  this  was  equiva- 
lent to  a  term  during  good  behavior;"  and  he  was  supported 
by  Mr.  Mason.  Mr.  Madison  said,  "Experience  has  shown  a 
tendency  in  our  government  to  throw  all  power  into  the  legis- 
lative vortex.  The  executives  of  the  States  are  little  more  than 
ciphers,  the  legislatures  omnipotent."  The  executive  should  not 
be  dependent  on  the  legislature. 


VOL.   I. — 10 


66  THE  FORMATION  OF  THE  CONSTITUTION. 

Dr.  McClurg's  motion  was  lost  by  the  votes  of  Massachu- 
setts, Connecticut,  Maryland,  North  Carolina,  South  Carolina, 
Georgia  (6),  against  New  Jersey,  Pennsylvania,  Delaware,  Vir- 
ginia (4).  "But  the  affirmative  vote,"  says  Mr.  Madison,  "was 
given  from  motives  of  expediency  rather  than  conviction,  in 
order  to  force  some  mode  of  rendering  him  independent  of  the 
legislature." 

On  the  1 9th  of  July  the  question  again  recurred  on  the  re- 
eligibility  of  the  chief  magistrate,  and  mingled  with  it  the  mode 
of  his  election.  Gouverneur  Morris  made  a  vigorous  and  im- 
pressive argument  for  greater  independence  in  the  executive. 
Recalling  the  maxim  that  republican  government  is  not  adapted 
to  a  large  extent  of  country,  because  the  executive  magistracy 
cannot  reach  the  extreme  parts  of  it,  he  said,  "  Our  country  is 
an  extensive  one.  We  must  then  either  renounce  the  blessings 
of  the  Union  or  provide  an  executive  with  sufficient  vigor  to 
pervade  every  part  of  it."  "  The  legislature  will  continually  seek 
to  aggrandize  and  perpetuate  themselves."  "  The  executive 
magistrate  should  be  the  guardian  of  the  people,  even  of  the 
lower  classes,  against  legislative  tyranny, — should  be  the  great 
protector  of  the  mass  of  the  people."  He  saw  "  no  alternative 
for  making  the  executive  independent  of  the  legislature  but 
either  to  give  him  his  office  for  life  or  make  him  eligible  by  the 
people."  Mr.  Randolph  was  moved  to  acknowledge  that  if  he 
was  re-eligible  by  the  legislature  he  would  be  no  check  on  them: 
he  would  court  a  reappointment.  His  revisionary  power  over 
laws  would  be  of  no  avail.  He  would  therefore  make  him  in- 
eligible to  a  second  term  instead  of  providing  another  mode  of 
election. 

Mr.  King  was  much  struck  by  Mr.  Sherman's  observation, 
that  "He  who  has  proved  himself  most  fit  for  an  office  ought 
not  to  be  excluded  by  the  Constitution  from  holding  it;"  and 
he  preferred  another  plan  of  election.  Mr.  Paterson  agreed 


THE  EXECUTIVE.  67 

with  Mr.  King,  and  proposed  an  election  by  electors  to  be 
chosen  by  the  States.  Mr.  Wilson  was  glad  to  see  the  idea  of 
a  mediate  or  immediate  popular  election  gaining  ground.  Mr. 
Madison  thought  there  was  equal  or  greater  reason  "  why  the 
executive  should  be  independent  of  the  legislature  than  why 
the  judiciary  should  be."  Mr.  Gerry  would  have  him  chosen 
by  electors  selected  by  the  State  executives.  "The  people  of 
the  States  will  then  choose  the  first  branch,  the  legislatures  of 

e> 

the   States   the   second   branch  of  the    national  legislature,  and 

o 

the  executives  of  the  States  the  national  executive.  This 
would  form  a  strong  attachment  in  the  States  to  the  national 
system." 

On  the  motion  to  reconsider  the  question  it  was  carried 
unanimously.  Mr.  Ellsworth  then  moved  for  electors  to  be  ap- 
pointed by  the  State  legislatures.  The  clause  providing  for 
electors  was  carried  by  Connecticut,  New  Jersey,  Pennsylvania, 
Delaware,  Maryland,  and  Virginia  (6),  against  North  Carolina, 
South  Carolina,  and  Georgia  (3),  with  Massachusetts  divided. 
The  clause  for  their  appointment  by  the  State  legislatures  re- 
ceived eight  votes,  against  Virginia  and  South  Carolina.  The 
effort  to  make  the  executive  ineligible  to  a  second  term  now 
failed,  only  North  Carolina  and  South  Carolina  supporting  it. 
All  this  was  followed  by  a  change  of  front  on  the  question  of 
length  of  term,  which  had  been  fixed  at  seven  years.  Connecti- 
cut, South  Carolina,  and  Georgia  still  supported  it,  and  North 
Carolina  and  Massachusetts  were  divided ;  but  the  rest  were 
against  it.  Mr.  Ellsworth  proposed  six  years,  and  was  supported 
by  Dr.  Williamson.  It  was  adopted  by  all  other  States  against 
only  Delaware. 

It  was  first  proposed  by  Mr.  Gerry  to  allot  from  one  to  three 
electors  to  the  States,  according  to  their  importance.  But  Dr. 
Williamson,  of  North  Carolina,  thought  that  in  future  elections 
the  electors  should  be  according  to  the  number  of  State  repre- 


68  THE  FORMATION  OF  THE   CONSTITUTION. 

sentatives  in  the  first  branch  of  the  national  legislature.  Mr. 
Gerry's  ratio  was  adopted,  six  States  to  four,  only  to  be  after- 
wards changed.  And  they  proceeded  to  consider  the  liability  of 
the  executive  to  impeachment. 

It  was  contended  on  the  one  side  that  he  ought  to  be  exempt, 
because  if  he  did  wrong  he  would  have  coadjutors  who  could  be 
punished,  and  if  re-elected  it  would  be  proof  of  his  innocence.  It 
would  render  him  dependent  on  the  impeaching  authority.  On 
the  other  side  it  was  claimed  nobody  could  be  permitted  to  be 
beyond  the  law  and  above  justice.  The  principal,  as  well  as  co- 
adjutors, should  be  punished.  Dr.  Franklin  thought  the  clause 
was  favorable  to  the  executive,  because,  without  it,  here  as  in  the 
Old  World,  if  not  legally  removable,  resort  might  be  had  to  assas- 
sination, which  would  shut  off  all  opportunity  to  prove  his  inno- 
cence, which  he  might  do  in  case  of  impeachment.  Gouverneur 
Morris  thought  the  causes  of  impeachment  ought  to  be  enumerated 
and  defined.  Mr.  Madison  said  the  executive  might  lose  his  ca- 
pacity, be  guilty  of  negligence  or  perfidy,  and  the  community 
should  have  a  defence  against  these  chances.  His  "  incapacity  or 
corruption  might  be  fatal  to  the  republic."  Mr.  King  feared  "  an 
extreme  caution  in  favor  of  liberty  might  enervate  the  govern- 
ment they  were  forming."  "  Under  no  circumstances  ought  he 
to  be  impeachable  by  the  legislature,  as  this  would  be  destructive 
of  his  independence."  Gouverneur  Morris  admitted  he  ought  to 
be  impeachable  for  treachery,  bribery  (Charles  II.  had  been  bribed 
by  Louis  XIV.),  corruption,  and  incapacity.  But  it  should  be  by 
a  mode  not  making  him  dependent  on  the  legislature.  And  the 
liability  to  impeachment  was  carried  in  the  affirmative  by  eight 
States,  against  Massachusetts  and  South  Carolina. 

It  was  then  unanimously  agreed  that  he  should  have  a  fixed 
compensation,  to  be  paid  out  of  the  national  treasury,  New  Jersey 
alone  voting  against  the  latter  clause;  and  with  unanimity  that  no 
elector  should  be  eligible  to  the  chief  magistracy,  nor  be  a  member 


THE  EXECUTIVE.  69 

of  the  national  legislature,  nor  an  officer  of  the  national  govern- 
ment. It  was  further  agreed  the  electors  should  be  paid  out  of 
the  national  treasury  for  their  services. 

Another  effort  was  made  by  some  of  the  very  ablest  men  in 
the  Convention  to  associate  with  the  chief  magistrate  the  judges, 
as  a  council  for  the  revision  of  laws.  Mr.  Madison  renewed  the 
expression  of  his  fears  that  "the  legislature  would  still  be  an 
overmatch"  for  the  two  other  departments  of  the  government,  as 
there  was  "a  powerful  tendency  in  the  legislature  to  absorb  all 
power  into  its  vortex.  This  was  the  real  source  of  danger  to 
the  American  Constitution."  Mr.  Gorham,  on  the  contrary,  said, 
"Judges  were  not  presumed  to  possess  any  peculiar  knowledge 
of  the  mere  policy  of  public  measures."  He  thought  it  only 
necessary,  at  most,  "  to  authorize  the  executive  to  call  on  the 
judges  for  their  opinions."  Mr.  Gerry  and  Mr.  Strong  agreed 
with  him,  and  Mr.  Martin  joined  in  this  opposition.  After  able 
argument  and  much  contrariety  of  opinion  between  States  and  in 
their  delegations,  the  motion  failed  by  four  States  voting  no,  three 
aye,  two  divided,  and  one  absent. 

Upon  reconsideration  of  the  resolution  providing  for  electors, 
there  was  again  a  protracted  debate,  which  seemed  more  to  dis- 
integrate than  consolidate  opinions.  Dr.  Williamson  would  go 
back  to  the  first  proposition  for  election  by  the  national  legislature, 
with  ineligibility  for  a  second  term.  "  It  was  pretty  certain  that 
we  should  at  some  time  or  other  have  a  king ;  but  he  would  omit 
no  precaution  to  postpone  the  event  as  long  as  possible."  Mr. 
Gerry  proposed  a  refining  process,  that  State  legislatures  should 
vote  for  the  national  executive  by  ballot,  in  proportion  to  the 
assigned  electoral  votes ;  failing  of  election  by  a  majority,  the 
first  branch  of  Congress  to  choose  two  out  of  the  four  major 
candidates  voted  for;  and  from  these  two  the  Senate  to  choose 
one.  Mr.  Wilson  thought  to  solve  their  perplexities  by  electing 
him  for  six  years,  the  elective  body  being  (say)  fifteen  persons 


70  THE  FORMATION  OF  THE   CONSTITUTION. 

chosen  out  of  the  national  legislature  by  lot,  and  to  retire  imme- 
diately for  the  election  to  avoid  intrigue,  and  not  to  separate 
without  an  election :  but  the  best  mode  was  a  resort  to  the  people. 
No  progress  was  made  to  a  concentration  of  opinion.  Mr.  Mason 
laughed  at  an  election  of  President  by  "  a  lottery."  These  and 
other  propositions  were  voted  down.  Mr.  Madison  observed, 
"There  were  objections  against  every  mode  that  had  been,  or 
perhaps  could  be,  proposed,"  and  reviewed  the  various  possible 
methods  of  election,  with  the  conclusion  that  the  only  safe  alter- 
natives were  an  election  by  the  people,  or  by  electors  chosen  by 
the  people.  Mr.  Mason  and  Mr.  Butler  admitted  the  danger  of 
foreign  influence,  and  of  cabals,  in  the  case  of  election  by  the 
national  legislature,  and  the  latter  was  against  re-eligibility  in  any 
case. 

Gouverneur  Morris,  on  the  contrary,  was  very  positively 
against  rotation  in  office.  "  It  formed  a  political  school  in  which 
we  were  always  governed  by  the  scholars,  and  not  by  the  masters." 
Then  it  was  suggested  that  every  voter  should  vote  for  plural 
candidates,  not  more  than  one  of  whom  should  be  a  citizen  of 
his  own  State,  in  which  case  the  second  choice  of  each  might  be 
the  best  choice  of  all.  Dickinson  thought  the  election  by  the 
people  was  "  the  best  and  purest  source."  Mason  thought  it 
best  to  return  to  the  original  plan,  and,  despairing  of  more  una- 
nimity on  any  new  proposition,  the  Convention  reinstated  it,  and 
it  went  in  that  form  to  the  Committee  on  Detail. 

This  committee  reported  accordingly  that  the  executive 
should  have  the  style  "The  President  of  the  United  States,"  and 
should  be  elected  by  the  legislature  by  ballot.  (The  title  of 
President  was  then  borne  by  Franklin  as  chief  magistrate  of 
Pennsylvania.)  Attention  was  called  to  the  necessity  of  inserting 
the  word  "joint"  before  ballot,  or  the  two  Houses  might  negative 
each  other's  choice ;  and  it  was  inserted.  The  motion  to  take 
the  vote  by  States  was  defeated ;  the  motion  requiring  a  majority 


THE  EXECUTIVE.  71 

of  personal  votes  was  adopted,  ten  States  to  one.  Then  the  old 
question  of  Presidential  electors  was  again  raised  and  argued, 
and  only  failed  by  an  equality  of  votes,  four  to  four,  two  divided, 
and  one  absent.  The  question  was  subsequently  referred  to  a 
committee  of  eleven,  who  reported  a  plan  which  tended  to  con- 
centrate opinions.  It  fixed  his  term  at  four  years,  with  re-eligi- 
bility, and  provided  for  electors  to  be  selected  in  each  State  as 
its  legislature  should  direct,  and  equal  in  number  to  its  total 
representation  in  the  two  Houses  of  Congress.  They  were  to 
vote  in  their  respective  States,  and  not  in  a  general  college,  as  at 
one  time  proposed. 

Thus  they  were  removed  from  foreign  influence,  from  the 
danger  of  cabals  and  intrigues ;  and  this  mode  left  the  President 
independent  of  the  legislature,  while  the  term  was  so  short  as 
to  prevent  usurpation  of  power  for  personal  objects,  and  went 
far  to  obviate  objections  before  made  to  his  re-election.  There 
were  still  criticisms,  but  this  method  finally  prevailed  and  was 
inscribed  in  the  Constitution.  Upon  no  other  subject  did  the 
opinion  of  the  Convention  so  often  sway  to  and  fro  as  upon 
this.  But  the  experience  of  a  century  has,  in  the  main,  justified 
the  system,  saving,  perhaps,  the  duration  of  the  term  fixed  at 
four  instead  of  six  years. 

On  the  point  of  re-eligibility  there  has  never  been  any  answer 
to  the  old  question,  Why  should  not  the  people  be  allowed  to 
re-elect  a  good  officer  satisfactory  to  them  in  the  administration 
of  his  office  ?  And  the  term  of  four  years  was  fixed  because  of 
this  re-eligibility.  On  the  other  hand,  there  has  never  been  a 
satisfactory  answer  to  the  other  old  question,  How  can  the  self- 
ish desire  for  a  re-election  be  prevented  from  influencing  the 
public  conduct  of  an  officer  if  he  is  re-eligible  ?  And  there 
seems  to  be  no  answer  which  involves  less  than  a  change  in 
the  nature  of  man.  The  fathers  limited  as  far  as  possible  the 
selfish  motive  by  confining  it  to  actions  which  would  benefit  the 


72  THE  FORMATION  OF  THE  CONSTITUTION. 

majority  of  men,  and  which  should  be  favorable  to  their  interests 
as  the  great  constituency  which  could  give  or  refuse  the  re- 
election. At  the  same  time,  his  conscience  was  subjected  to  his 
ambition  in  respect  to  actions  which  should  excite  popular 
clamor  or  applause. 

IX.  SPECIAL  PROVISIONS   OF  THE   CONSTITUTION. 

UNTIL  the  Committee  of  Detail  was  appointed,  the  Convention 
had  sought  to  confine  their  discussions  to  the  outline  of  organiza- 
tion and  to  the  broad  principles  of  a  goverment  for  the  Union.  The 
first  battle,  and  that  of  the  highest  importance,  had  been  fought 
for  position.  The  fundamental  question  had  been,  Should  the 
government  be  founded  upon  the  States,  or  upon  the  people  of 
the  United  States  ?  Should  it  be  a  compact — a  league — between 
sovereign  States,  as  was  the  Confederacy,  or  should  it  be  a  single 
national  government,  extending  behind  the  chartered  States,  and 
reposing  upon  the  American  people  ?  It  had  been  decided  in 
favor  of  the  united  people ;  and  that  they,  not  the  States,  should 
constitute  the  new  government,  "to  consist  of  a  supreme  legis- 
lative, executive,  and  judiciary." 

The  second  vital  struggle  had  been  upon  the  two  questions, 
How  shall  the  local  interests  of  the  small  States  find  protection 
in  general  legislation  against  the  interests  of  the  great  States, 
represented  as  the  latter  would  be  by  an  immense  numerical 
majority?  How  shall  the  greater  wealth  and  population  of  the 
large  States  be  secured  against  the  practical  control  of  the 
minority,  if  proportional  representation  is  disallowed?  These 
questions  had  been  settled  by  giving  the  small  States  an  equal 
representation  in  the  second  branch,  and  to  the  large  States  their 
proportional  number  of  the  first  branch. 

It  had  been  further  decided  that  both  Houses  should  have  the 
power  to  originate  legislation.  But  as  the  power  to  tax  and  to 


SPECIAL  PROVISIONS  OF  THE   CONSTITUTION.  73 

regulate  commerce  had  been  the  great  argument  of  the  more 
populous  States  in  favor  of  proportional  representation  in  both 
branches,  it  had  been  agreed  by  the  smaller  States,  "  That  all  bills 
for  raising  or  appropriating  money,  and  for  fixing  the  salaries  of 
the  officers  of  the  government,  shall  originate  in  the  first  branch, 
and  shall  riot  be  altered  or  amended  by  the  second  branch ;  and 
that  no  money  shall  be  drawn  from  the  public  treasury  but  in  pur- 
suance of  appropriations  to  be  originated  by  the  first  branch." 

It  had  been  further  agreed,  touching  the  general  powers  of 
Congress,  that  they  should  have  all  the  legislative  rights  before 
vested  in  the  Confederacy,  "and,  moreover,  to  legislate  in  all 
cases  for  the  general  interests  of  the  Union,  and  also  in  those  to 
which  the  States  are  separately  incompetent,  or  in  which  the 
harmony  of  the  United  States  may  be  interrupted  by  the  exercise 
of  individual  legislation." 

The  legislative  acts  of  the  United  States,  made  by  virtue 
and  in  pursuance  of  the  Articles  of  Union,  and  all  its  treaties, 
it  was  declared,  "  shall  be  the  supreme  law  of  the  respective 
States,  as  far  as  those  acts  or  treaties  shall  relate  to  the  said 
States,  or  their  citizens  or  inhabitants ;"  "  anything  in  the  re- 
spective laws  of  the  individual  States  to  the  contrary  notwith- 
standing." 

All  these,  together  with  other  resolutions  adopted,  amount- 
ing to  twenty-three  in  number,  and  representing  all  the  solid 
results  of  the  debates  of  the  Convention  since  the  25th  of  May, 
were,  on  the  26th  day  of  July,  referred  to  a  "committee  of 
detail,"  which  had  been  selected  by  ballot,  and  was  composed  of 
Messrs.  Rutledge,  Randolph,  Gorham,  Ellsworth,  and  Wilson,  two 
from  the  Southern  and  three  from  the  Northern  States,  and  all  of 
them  possessed  of  notable  strength  of  intellect.  The  original 
propositions  of  Mr.  Paterson,  and  of  Mr.  Charles  Pinckney  (of 
which  latter  no  authentic  copy  remains)  were  referred  to  the 
same  committee. 


VOL.  I. —  II 


74  THE  FORMATION  OF  THE  CONSTITUTION. 

Their  commission  imposed  on  them  the  most  important  and 
laborious  duty  of  translating  these  principles  into  detailed  meas- 
ures suitable  for  a  constitution;  and  the  Convention  suspended 
its  sessions  until  August  6th  to  leave  the  committee  free  for 
that  work,  which  was  to  develop  the  vital  germ  of  the  republic. 

In  the  report  of  this  committee,  made  on  the  6th  of  August, 
the  Constitution  opened  with  the  recital,  "We,  the  people  of 
the  States  of  New  Hampshire,"  etc.,  naming  each  of  the  thir- 
teen States,  "  do  ordain,  declare,  and  establish  the  following  Con- 
stitution for  the  government  of  ourselves  and  our  posterity." 
The  Committee  of  Revision  afterwards  struck  out  the  names  of 
all  the  States  and  established  the  clause,  "We,  the  people  of 
the  United  States,  do  ordain,"  etc.  The  name  given  to  the 
government  was  "The  United  States  of  America."  The  two 
legislative  branches  were  now  called  the  House  of  Representa- 
tives and  the  Senate,  and  together  were  styled  a  "  Congress." 
Each  House  was  to  choose  its  own  presiding  officer.  Power 
was  given  to  Congress  to  establish  uniform  qualifications  of  its 
members  in  regard  to  property.  The  representatives  and  sena- 
tors were  disqualified  from  holding  any  office  under  the  United 
States  during  the  time  for  which  they  shall  respectively  be 
elected,  and  senators  also  for  one  year  afterwards.  Their  com- 
pensation was  to  be  paid  by  the  State  in  which  they  were  chosen. 
The  first  House  alone  had  the  power  of  impeachment ;  the  trial 
body  to  be  the  Supreme  Court. 

The  enumeration  of  legislative  powers  was  very  short,  and  on 
some  of  these  limitations  were  imposed.  No  navigation  act  could 
be  passed  without  the  assent  of  two-thirds  of  the  members  present 
in  each  house.  No  tax  or  duty  could  be  laid  on  exports  nor  on 
the  migration  or  importation  of  such  persons  as  any  State  should 
permit  to  enter. 

To  the  Senate  was  given  the  power  to  make  treaties,  and 
to  appoint  ambassadors  and  judges  of  the  Supreme  Court. 


SPECIAL  PROVISIONS   OF  THE   CONSTITUTION.  75 

They  were  also  empowered — through  elaborate  provisions — to 
try  and  decide  controversies  between  States  which  involved  their 
respective  jurisdictions  or  territory;  and,  further,  to  determine 
conflicting  land-grants  in  certain  cases.  But  this  judicial  function 
was  later  transferred  to  the  Supreme  Court. 

To  the  States  certain  prohibitions  were  applied,  including 
that  against  entering  into  any  agreement  or  compact  with  an- 
other State,  or  emitting  bills  of  credit,  or  making  anything  but 
specie  a  legal  tender.  In  case  of  the  admission  of  new  States  a 
vote  of  two-thirds  of  the  members  voting  in  each  House  was 
required.  These  and  other  details  opened  a  wide  field  for 
debate. 

The  Convention,  upon  hearing  the  report  of  the  committee, 
adjourned  to  consider  it  before  engaging  in  discussion.  This 
draft  of  the  Constitution  provided  for  annual  meetings  of  Con- 
gress on  the  first  Monday  of  December,  for  which  the  Connec 
ticut  members  were  strenuous  advocates.  Mr.  King  thought  it 
would  not  be  necessary  to  meet  every  year.  "A  great  vice  in 
our  system  was  that  of  legislating  too  much."  Mr.  Madison  and 
Mr.  Mason  opposed  fixing  the  time  by  the  Constitution :  it 
should  be  regulated  by  law.  On  Mr.  Randolph's  motion  the 
words  were  then  added,  "unless  a  different  day  shall  be  appointed 
by  law;"  and  on  Mr.  Rutledge's  motion  the  Congress  was  ex- 
pressly required  to  meet  once  in  every  year. 

A  question  was  raised  on  the  clause  which  made  the  electors 
of  the  most  numerous  branch  of  the  State  legislature  also  quali- 
fied electors  of  the  national  House.  Gouverneur  Morris,  Mr. 
Fitzsimons,  and  Mr.  Mercer  were  in  favor  of  restraining  the 
suffrage  to  freeholders.  Messrs.  Ellsworth,  Wilson,  Mason,  Rut- 
ledge,  and  Franklin  were  against  it.  "  Give  the  votes  to  people 
who  have  no  property,"  said  Mr.  Morris,  "and  they  will  sell  them 
to  the  rich  who  will  be  able  to  buy  them."  Mr.  Madison  said, 
"Viewing  the  subject  on  its  merits  alone,  the  freeholders  of  the 


76  THE  FORMATION  OF  THE  CONSTITUTION. 

country  would  be  the  safest  depositories  of  public  liberty."  Dr. 
Franklin  thought  it  "of  great  consequence  that  we  should  not 
depress  the  virtue  and  public  spirit  of  our  common  people"  by 
ignoring  their  rights  of  suffrage  under  the  general  government. 
The  clause  was  sustained  by  seven  States  against  Delaware,  with 
Maryland  divided,  and  Georgia  absent. 

A  representative  was  required  to  have  been  "  a  citizen  in  the 
United  States  for  at  least  three  years  before  his  election."  Mr. 
Mason  "did  not  choose  to  let  foreigners  and  adventurers  make 
laws  for  us  and  govern  us."  The  time  was  too  short  to  give  that 
local  knowledge  which  a  representative  should  have,  and  he 
moved  to  make  it  seven  years.  All  the  States  agreed  to  this 
except  Connecticut.  The  prior  citizenship  for  senators  had  been 
fixed  at  four  years.  A  term  of  fourteen  years'  prior  citizenship 
was  proposed  by  Gouverneur  Morris.  Mr.  Pinckney  said,  in 
view  of  the  treaty-making  power,  "there  is  peculiar  danger  and 
impropriety  in  opening  the  door  to  those  who  have  foreign  at- 
tachments. The  Athenians  made  it  death  for  any  stranger  to 
intrude  his  voice  into  their  legislative  proceedings."  Were  it 
not  for  the  Revolutionary  services  of  some  who  were  alien-born, 
Mr.  Mason  would  restrict  eligibility  to  the  Senate  to  natives  only. 
Mr.  Butler  remarked  on  the  danger  of  introducing  "ideas  of  gov- 
ernment so  distinct  from  ours."  Mr.  Wilson  and  Dr.  Franklin 
were  against  illiberality  on  this  question.  Gouverneur  Morris, 
with  his  usual  frank  audacity,  declared,  "As  to  those  philosophical 
gentlemen,  those  citizens  of  the  world,  as  they  called  themselves, 
he  owned  he  did  not  wish  to  see  any  of  them  in  our  public  coun- 
cils. He  would  not  trust  them.  The  men  who  can  shake  off 
their  attachments  to  their  own  country  can  never  love  any  other. 
These  attachments  are  the  wholesome  prejudices  which  uphold 
all  governments."  At  a  later  discussion,  Mr.  Mason  expressed 
his  fears  that  immigrants  attached  to  Great  Britain  might  work 
their  way  into  our  councils,  and  be  pernicious  in  action  upon 


SPECIAL  PROVISIONS  OF  THE  CONSTITUTION.  77 

commercial  regulations.  "The  great  houses  of  British  merchants 
would  spare  no  pains  to  insinuate  the  instruments  of  their  views 
into  the  government."  Various  terms  were  proposed  and  voted 
down,  until  nine  years  was  offered  and  adopted  for  the  prior 
citizenship  of  senators. 

Mr.  Madison  objected  to  the  ratio  of  one  representative  for 
forty  thousand  inhabitants  as,  in  the  future,  rendering  that  House 
a  too  numerous  body.  Mr.  Gorham  replied,  "  It  is  not  to  be  sup- 
posed that  the  government  will  last  so  long  as  to  produce  this 
effect.  Can  it  be  supposed  that  this  vast  country,  including  the 
western  territory,  will,  one  hundred  and  fifty  years  hence,  remain 
one  nation?"  And  no  prophetic  voice  answered  him,  that  one  hun- 
dred years  after  that  Convention  should  adjourn  the  representa- 
tives of  sixty  millions  of  people,  extending  from  the  highest  lake 
in  the  north  to  the  mouth  of  the  Mississippi,  from  the  ocean  on 
the  east  to  the  ocean  on  the  west,  from  a  doubled  and  redoubled 
extent  of  territory,  with  the  terrible  curse  of  slavery  abolished 
from  it  all,  should  assemble  around  the  building  in  which  his  hope- 
less inquiry  was  made,  and  celebrate  in  joy,  in  happiness,  in  pros- 
perity, and  in  the  hope  of  future  centuries  of  union,  the  centennial 
anniversary  of  their  great  act ! 

Mr.  Ellsworth  attached  his  hopes  to  future  alterations  which 
might  be  made  in  the  Constitution ;  and  on  motion  of  Mr.  Madi- 
son and  Mr.  Sherman  the  ratio  was  made  "not  exceeding  forty 
thousand,"  with  the  proviso  that  each  State  should  have  at  least 
one  representative.  On  the  last  day  of  the  Convention  General 
Washington  for  the  first  time  addressed  the  Convention  on  any 
point  of  debate.  It  was  to  ask  their  unanimous  support  of  an 
amendment,  offered  by  Mr.  Gorham,  to  substitute  thirty  for  forty 
thousand.  He  requested  it  in  order  to  conciliate  those  who  feared 
to  intrust  the  legislative  powers  to  so  small  a  body.  The  change 
was  unanimously  made. 

Messrs.  Pinckney  and  Rutledge  did  not  like  the  clause  which 


78  THE  FORMATION  OF  THE  CONSTITUTION. 

empowered  Congress  to  overrule  the  States  in  their  regulation 
of  the  times,  places,  and  manner  of  holding  elections  for  senators 
and  representatives.  Messrs.  Gorham,  Madison,  and  Gouverneur 
Morris  sustained  it  as  a  necessary  power  to  prevent  abuses  of 
their  discretion  by  the  States,  false  returns,  defalcations  of  duty, 
improper  voting  districts,  etc.  Mr.  King  interjected  the  remark, 
"Although  the  scheme  of  erecting  the  general  government  on 
the  authority  of  the  State  legislatures  has  been  fatal  to  the  Fed- 
eral establishment,  it  would  seem  as  if  many  gentlemen  still  foster 
the  dangerous  idea."  The  Convention  on  vote  retained  the  power 
of  both  original  and  revisionary  control  over  the  States,  except 
as  to  the  place  of  choosing  senators. 

The  same  gentlemen  proposed  a  fixed  property  qualification 
for  the  President,  for  judges,  and  for  congressmen.  Mr.  Ells- 
worth and  Dr.  Franklin  resisted  it,  both  on  principle  and  for  ex- 
pediency ;  and,  on  voting,  the  "  no"  was  so  general  that  the  vote 
by  States  was  not  asked  for. 

The  question  of  national  control  of  the  discipline  of  the  State 
militia  was  referred  to  a  "grand  committee"  of  one  from  each 
State.  Mr.  Dickinson  and  others  thought  "the  States  never 
would  nor  ought  to  give  up  all  authority  over  the  militia."  Mr. 
Butler  and  others  thought  it  should  be  submitted  to  the  authority 
which  was  charged  with  the  general  defence :  the  States  would 
never  secure  uniformity  of  discipline  or  effectiveness  of  organi- 
zation. Mr.  Gerry  thought  this  the  last  point  to  be  surrendered. 
"  If  it  be  agreed  to  by  the.  Convention,  the  plan  will  have  as  black 
a  mark  as  was  set  on  Cain."  This  question,  like  many  others, 
was  settled  on  middle  ground  by  giving  to  the  United  States  the 
power  to  organize,  arm,  and  discipline  the  militia,  and  to  govern 
them  when  employed  in  the  national  service,  leaving  to  each 
State  the  appointment  of  officers  and  the  training  of  the  force. 

Gouverneur  Morris  also  submitted  several  propositions  or- 
ganizing a  Council  of  State  to  assist  the  President,  consisting  of 


SPECIAL  PROVISIONS   OF  THE   CONSTITUTION.  79 

the  Chief  Justice,  a  Secretary  of  Domestic  Affairs,  a  Secretary  of 
Commerce  and  Finance,  a  Secretary  of  Foreign  Affairs,  a  Sec- 
retary of  War,  a  Secretary  of  the  Marine,  and  a  Secretary  of 
State,  and  outlining  the  duties  of  each.  These  went  to  the  same 
committee,  and  were  favorably  reported,  adding  the  Speaker  of 
the  House  to  the  Council.  But  it  was  not  approved  by  the  Con- 
vention, which  preferred  individual  responsibility,  with  only  the 
aid  of  chiefs  of  executive  departments. 

Mr.  Mason  moved  to  insert  a  power  "to  enact  sumptuary 
laws,"  with  a  view  to  the  improvement  of  manners.  It  was  briefly 
opposed  by  Ellsworth,  Morris,  and  Gerry,  and  defeated,  eight 
States  to  three. 

The  clause  respecting  treason  was  thought  by  Mr.  Madison 
to  be  too  narrow ;  that  greater  discretion  should  be  given  to  Con- 
gress to  define  it.  Gouverneur  Morris  was  for  giving  to  the 
Union  "an  exclusive  right  to  declare  what  should  be  treason. 
In  case  of  a  contest  between  the  United  States  and  a  particular 
State,  the  people  of  the  latter  must,  under  the  clause  as  it  stood, 
be  traitors  to  the  one  or  the  other  authority."  Dr.  Johnson  con- 
tended that  treason  "  could  not  be  both  against  the  United  States 
and  individual  States,  being  an  offence  against  the  sovereignty 
which  can  be  but  one  in  the  same  community."  The  Convention 
decided  without  dissent  to  strike  out  of  the  clause  what  related 
to  the  States,  leaving  the  definition  to  apply  to  the  United  States 
only.  Upon  reconsideration  and  further  debate,  the  Convention 
came  back  to  the  same  conclusion  upon  a  divided  vote,  and 
leaving  the  point  unsettled  whether  there  could  be  a  double 
treason,  or  that  treason  against  a  State  was  necessarily  treason 
against  the  United  States,  and  to  be  prosecuted  as  such. 

In  the  article  enumerating  the  powers  of  Congress,  authority 
was  given  "  to  make  war."  Mr.  Pinckney  thought  its  proceedings 
would  be  too  slow,  its  numbers  too  great ;  and  that  the  Senate 
alone,  being  charged  with  foreign  affairs  as  it  was,  would  be  the 


go  THE  FORMATION  OF  THE  CONSTITUTION. 

better  repository  of  this  power.  Mr.  Butler  would  vest  the 
power  in  the  executive,  who  "will  not  make  war  but  when  the 
nation  will  support  it."  Messrs.  Madison  and  Gerry  moved  to 
substitute  the  words  "declare  war,"  for  "make  war,"  so  as  to 
leave  the  power  in  the  executive  to  repel  attacks ;  and  this  was 
agreed  to. 

Mr.  Madison,  ever  full  of  forethought,  and  anxious  that  future 
events  should  not  confront  a  defective  Constitution,  presented  an 
enumeration  of  twenty-one  additional  powers  in  Congress,  in- 
cluding the  following  : 

"  To  establish  an  university." 

"To  encourage  by  premiums  and  provisions  the  advancement 
of  useful  knowledge  and  discoveries." 

"To  establish  seminaries  for  the  promotion  of  literature  and 
the  arts  and  sciences,"  and  institutions  and  rewards  for  promotion 
of  agriculture,  commerce,  trades,  and  manufactures. 

"  To  grant  charters  of  incorporation." 

All  these  were  referred  to  the  Committee  of  Detail,  but  were 
not  reported. 

Afterwards  Messrs.  Madison,  Pinckney,  and  Wilson  brought 
the  question  of  the  power  to  establish  a  university  before  the 
Convention  by  a  motion  to  add  this  to  the  list  of  Congressional 
powers.  Gouverneur  Morris  replied,  "It  is  not  necessary.  The 
exclusive  power  at  the  seat  of  government  will  reach  the  object." 
Upon  the  vote,  Pennsylvania,  Virginia,  and  the  two  Carolinas 
were  for  giving  the  express  authority,  with  Connecticut  divided. 
But  the  other  six  States  were  against  it. 

THE   ELEMENT  OF   SLAVERY. 

It  is  not  within  the  purpose  of  these  historical  notes  to  review 
that  portion  of  the  debates  which  relates  to  questions  no  longer 
of  practical  concern.  The  institution  of  slavery  in  many  of  the 
States  interposed  great  obstacles,  alike  to  the  agreement  of  the 


SPECIAL  PROVISIONS  OF  THE   CONSTITUTION.  8 1 

Convention  upon  a  Constitution,  and  to  its  ratification  by  the 
States.  It  is  known  to  all  that  it  continued  to  be  a  source  of 
discord  also  in  the  Union  until,  seventy-five  years  later,  it  nearly 
caused  the  dissolution  of  the  Union  itself  which  .had  been  created 
with  so  much  patriotic  toil  and  devotion.  Its  disappearance  from 
our  continent  is  therefore  a  new  element  of  happiness  for  us 
which  was  denied  to  our  constitutional  fathers ;  and  justifies  more 
faithful  hopes  of  the  perpetuity  of  the  Union  which  they  founded. 

INCORPORATIONS   AND   INTERNAL   IMPROVEMENTS. 

Dr.  Franklin,  mindful  of  the  need  of  connecting  and  improv- 
ing- communications  by  water  routes,  moved 'to  add  the  power 
"to  provide  for  cutting  canals  where  deemed  necessary."  Mr. 
Sherman  objected,  that  the  expense  would  fall  on  the  United 
States,  the  benefit  accrue  to  the  localities.  Then  Mr.  Madison 
proposed  to  enlarge  it  into  a  power  "  to  grant  charters  of  incor- 
poration, where  the  interest  of  the  United  States  might  require, 
and  the  legislative  provisions  of  individual  States  may  be  incom- 
petent." He  desired  to  facilitate  communication  between  the 
States.  "  The  political  obstacles  being  removed,  a  removal  of 
the  natural  ones  as  far  as  possible  ought  to  follow."  Mr. 
Randolph  seconded  him. 

Mr.  King  thought  the  power  unnecessary.  Mr.  Wilson 
thought  it  "  necessary  to  prevent  a  State  from  obstructing  the 
general  welfare."  Mr.  King  replied  that  the  States  would  be 
divided  into  parties  by  the  proposition.  In  Philadelphia  and  New 
York  they  would  refer  it  to  the  establishment  of  a  bank,  about 
which  the  two  cities  were  in  contention.  Elsewhere  it  would  be 
referred  to  mercantile  monopolies. 

Mr.  Wilson  spoke  of  the  importance  of  canals  to  reach  the 
Western  settlements.  "As  to  mercantile  monopolies,  they  are 
already  included  in  the  power  to  regulate  trade."  On  this  last 
point  Mr.  Mason  differed  from  Mr.  Wilson,  and  was  for  limiting 


VOL.  I. — 12 


82  THE  FORMATION  OF  THE  CONSTITUTION. 

the  power  to  the  single  case  of  canals.  The  question  was  first 
taken  upon  the  authority  for  canals;  this  being  refused  by  all 
the  States  except  Pennsylvania,  Virginia,  and  Georgia,  the  whole 
clause  was  dropped. 

And  with  this  short  debate,  the  entire  question  of  schools 
and  universities,  of  canals,  highways,  internal  improvements,  with 
countless  millions  of  money  involved,  and  of  all  chartered  corpo- 
rations, was  left  to  the  future  interpretation  of  the  other  powers 
oranted  to  Congress.  The  necessities  of  the  country,  developed 
by  its  growth  and  by  the  discovery  of  steam-power  applied  to 
locomotion,  have  forced  an  enlarged  construction  of  the  Consti- 
tution in  the  line  indicated  by  the  remark  of  Mr.  Wilson,  and 
rejected  by  Mr.  Mason.  These  two  statesmen  unwittingly  became 
the  founders  of  two  rival  schools  of  Constitutional  interpretation, 
whose  disputes  have  had  no  end,  though  that  of  Mr.  Wilson  has 
prevailed  in  the  legislation  of  Congress. 

IMPEACHMENT. 

It  was  first  decided  by  the  Convention  to  give  the  Supreme 
Court  the  trial  of  all  impeachments  of  public  officers.  But  after 
giving  to  the  executive  the  power  of  appointment  of  the  judges, 
it  was  argued  that  his  influence  over  that  court  would  be  too 
great,  and  that  the  chances  of  intrigue  must  be  avoided ;  and  the 
trial  of  impeachments  was  transferred  to  the  Senate. 

Here  again  it  was  objected,  that  as  the  Vice-President,  pre- 
siding over  the  Senate,  would  succeed  upon  conviction  of  the 
President,  he  was  directly  interested  in  the  result.  To  obviate 
this  serious  obstacle  it  was  provided  that  on  such  trial  he  should 
leave  the  chair,  and  the  Chief  Justice  should  preside.  In  order 
further  to  remove  objection  to  the  trial  of  the  executive  by  a  mere 
political  body,  a  judicial  character  was  given  to  them  for  this 
emergency,  by  requiring  that  in  this  capacity  the  senators  should 
be  under  special  oath. 


SPECIAL  PROVISIONS   OF  THE   CONSTITUTION.  83 

This  settlement  was  made  only  after  many  expressions  of 
conflicting-  opinions,  and  much  uncertain  debate,  during  which 
the  Convention  seemed  to  be  feeling  its  way  to  a  wise  conclusion. 

NATIONAL   CONTROL  OVER   STATES   IN  THE    ELECTION   OF   MEMBERS   OF 

CONGRESS. 

In  framing  the  details  of  the  Constitution  the  committee  re- 
ported this  clause :  "  The  times  and  places  and  manner  of  holding 
the  election  of  members  of  each  House  shall  be  prescribed  by  the 
legislature  of  each  State ;  but  their  provisions  concerning  them 
may  at  any  time  be  altered  by  the  legislature  of  the  United 
States." 

Upon  its  consideration  in  Convention,  Messrs.  Pinckney  and 
Rutledge  moved  to  strike  out  the  last  clause,  which  gave  re- 
visionary  control  to  Congress. 

Mr.  Gorham  said  :  "  It  would  be  as  improper  to  take  this 
power  from  the  national  legislature  as  to  restrain  the  British 
Parliament  from  regulating  the  circumstances  of  elections,  leaving 
this  business  to  the  counties  themselves." 

Mr.  Madison  added  stronger  expressions:  "The  policy  of 
referring  the  appointment  of  the  House  of  Representatives  to 
the  people,  and  not  to  the  legislatures  of  the  States,  supposes 
that  the  result  will  be  somewhat  influenced  by  the  mode.  This 
view  of  the  question  seems  to  decide  that  the  legislatures  of  the 
States  ought  not  to  have  the  uncontrolled  right  of  regulating  the 
times,  places,  and  manner  of  holding  elections.  These  were 
words  of  great  latitude.  It  was  impossible  to  foresee  all  the 
abuses  that  might  be  made  of  the  discretionary  power.  Whether 
the  electors  should  vote  by  ballot,  or  viva  voce ;  should  assemble 
at  this  place  or  that  place ;  should  be  divided  into  districts,  or  all 
meet  at  one  place ;  should  all  vote  for  all  the  representatives,  or 
all  in  a  district  vote  for  a  member  allotted  to  the  district ;  these 
and  many  other  points  would  depend  on  the  legislatures,  and 


84  THE  FORMATION  OF  THE  CONSTITUTION. 

might  materially  affect  the  appointments.  Whenever  the  legis- 
latures had  a  favorite  measure  to  carry  they  would  take  care  so 
to  mould  their  regulations  as  to  favor  the  candidates  they  wished 
to  succeed.  ...  It  seemed  as  improper  in  principle,  though  it 
might  be  less  inconvenient  in  practice,  to  give  the  State  legisla- 
tures this  great  authority  over  the  election  of  the  representatives 
of  the  people  in  the  general  legislature  as  it  would  be  to  give 
the  latter  a  like  power  over  the  election  of  representatives  in  the 
State  legislature." 

Mr.  King  supported  Mr.  Madison's  views,  calling  attention 
again  to  the  fact  that  they  were  not  building  this  government  on 
the  basis  of  the  State  legislatures.  He  said:  "If  this  power  be 
not  given  to  the  national  legislature,  their  right  of  judging  of  the 
returns  of  their  members  may  be  frustrated."  To  this  Gouv- 
erneur  Morris  added  that  "  the  States  might  make  false  returns, 
and  then  make  no  provisions  for  new  elections."  Mr.  Sherman 
did  not  know  that  it  might  be  best  to  retain  the  clause,  though 
he  had  confidence  in  the  State  legislatures. 

The  motion  to  strike  out  then  failed,  without  a  division,  and 
it  was  not  again  contested. 

In  this,  as  in  many  other  cases,  is  observed  the  steady  devel- 
opment of  the  fundamental  idea  of  national  independence  of  all 
State  action.  Mr.  Madison,  above  all  others,  kept  it  constantly 
in  view.  The  process  was  like  the  steady  emergence  from  the 
world  of  chaos  of  a  world  of  order ;  of  a  central  sun  from  a 
confused  assemblage  of  stars,  on  which  it  would  shed  light,  but 
from  which  it  could  receive  none.  The  new  central  State  to  be 
evolved  must  control  the  elements  and  operations  necessary  to 
its  own  existence  and  efficiency. 

COMPENSATION  OF  MEMBERS  OF  CONGRESS. 

The  report  of  the  Committee  of  Detail  provided  for  the  pay- 
ment of  both  representatives  and  senators  by  the  States  in  which 


SPECIAL  PROVISIONS  OF  THE  CONSTITUTION.  85 

they  were  chosen.  The  original  plan  of  Virginia  simply  pro- 
posed their  payment  by  "liberal  stipends,"  without  designating 
the  source  of  payment.  On  motion  of  Mr.  Pierce,  their  wages 
were  made  payable  out  of  the  national  treasury ;  and  on  motion 
of  Dr.  Franklin  the  word  "liberal"  was  struck  out. 

When  the  debate  again  occurred  on  the  Virginia  resolutions, 
Mr.  Ellsworth  moved  their  payment  by  the  States  respectively. 
He  observed  that,  owing  to  different  styles  of  living  and  the  dif- 
ferent scales  of  compensation  in  the  various  States,  what  would 
be  deemed  only  reasonable  compensation  in  one  State  would  be 
very  unpopular  in  another.  Dr.  Williamson  concurred  with  him. 

Mr.  Gorham  was  opposed  to  leaving  the  matter  to  the  State 
legislatures,  "who  were  always  paring  down  salaries  in  such  a 
manner  as  to  keep  out  of  office  men  most  capable  of  executing 
the  functions  of  them."  He  would  not  fix  the  grade  of  pay  in 
the  Constitution.  "Let  the  national  legislature  provide  for  their 
own  wages  from  time  to  time,  as  the  State  legislatures  do."  He 
had  not  seen  and  did  not  apprehend  an  abuse  of  this  power.  Mr. 
Randolph  did  not  think  it  honorable  in  the  Convention  to  sac- 
rifice right  to  popular  prejudice.  Payment  by  the  State  would 
create  a  dependence  which  would  vitiate  the  whole  system.  Mr. 
King  was  of  the  same  opinion,  as  was  also  Mr.  Wilson.  But 
Mr.  Sherman  adhered  to  payment  by  the  States. 

Mr.  Hamilton  stoutly  opposed  "making  the  national  council 
dependent  on  the  legislative  rewards  of  the  States.  Those  who 
pay  are  the  masters  of  those  who  are  paid."  Payments  by  the 
States  would  be  unequal,  and  there  would  be  greater  distance 
travelled  by  some  than  by  others.  Mr.  Madison  would  not  have 
men  coming  "from  beyond  the  mountains  to  the  precarious  and 
parsimonious  support  of  their  constituents."  But  he  disliked  to 
give  the  legislature  the  right  to  fix  their  own  salaries,  as  being 
too  much  interested. 

On  Mr.  Ellsworth's  motion  to  strike  out  "national  treasury," 


86  THE  FORMATION  OF  THE  CONSTITUTION. 

the  vote  stood  ayes  four,  noes  five,  with  New  York  and  Georgia 
divided.  The  question  was  embarrassed  by  fears  of  inserting  a 
fixed  sum  in  the  Constitution,  on  the  one  hand,  and  so  run  the 
double  risk  of  its  invariability  in  the  future,  and  of  its  being- 
obnoxious  to  the  States ;  and,  on  the  other,  of  giving  the  mem- 
bers an  authority  to  fix  their  own  pay.  The  propositions  which 
went  to  the  Committee  of  Detail,  therefore,  were  to  pay  repre- 
sentatives out  of  the  public  treasury,  and  that  senators  should  be 
paid,  without  indicating  by  whom ;  and  the  report  of  that  com- 
mittee was  that  both  branches  should  be  paid  by  the  States  from 
which  they  received  their  appointments. 

Upon  recurring  to  the  question  on  this  report,  Mr.  Ellsworth 
frankly  stated  "that  in  reflecting  on  this  subject  he  had  been  satis- 
fied that  too  much  dependence  on  the  States  would  be  produced 
by  this  mode  of  payment,"  and  he  moved  to  strike  it  out,  and  to 
substitute  the  United  States  treasury.  Mr.  Butler  thought  that 
senators  would  be  so  long  out  of  their  States  that  they  would  lose 
sight  of  their  constituents,  unless  dependent  on  them  for  sup- 
port. "On  the  other  side,"  Mr.  Gerry -said,  "the  State  legisla- 
tures may  turn  out  the  senators  by  reducing  their  salaries ;  such 
things  have  been  practised." 

Mr.  Sherman  was  not  afraid  that  the  legislature  would  make 
their  own  wages  too  high,  but  too  low ;  so  that  men  ever  so  fit 
could  not  serve  unless  they  were  at  the  same  time  rich.  Mr. 
Carroll  was  surprised  at  the  report  in  favor  of  such  complete 
dependence  of  both  Houses.  "  The  States  can  now  say,  If  you 
do  not  comply  with  our  wishes  we  will  starve  you  ;  if  you  do  we 
will  reward  you.  The  new  government  in  this  form  was  nothing 
more  than  a  second  edition  of  the  Confederate  Congress,  in  two 
volumes  instead  of  one,  and  perhaps  with  very  few  amend- 
ments." 

Mr.  Dickinson  also  desired  Congress  to  be  "independent  of 
the  prejudices,  passions,  and  improper  views  of  the  State  legis- 


SPECIAL  PROVISIONS  OF  THE  CONSTITUTION.  87 

latures,  but  disliked  leaving  the  pay  to  be  regulated  by  Congress 
itself.  There  were  also  "objections  against  taking  a  permanent 
standard  as  wheat,  which  had  been  suggested  on  a  former  occa- 
sion. He  proposed  a  revision  by  legislative  act  every  twelve 
years,  "settling  the  quantum  of  their  wages."  Mr.  Martin, 
always  for  reserved  control  by  the  separate  States,  thought  sen- 
ators, as  State  representatives,  ought  to  be  paid  by  the  States. 
Mr.  Carroll,  his  colleague,  denied  that  the  senators  were  designed 
to  be  advocates  of  State  interests ;  on  the  contrary,  they  were  to 
represent  and  manage  the  affairs  of  the  whole. 

The  vote  was  then  taken,  and  all  the  States  except  Massa- 
chusetts and  South  Carolina  adopted  the  provision  for  paying 
the  members  of  Congress  out  of  the  national  treasury.  An 
attempt  to  fix  the  sum  per  diem  failed,  and  then  the  words  "  to 
be  ascertained  by  law"  were  added  without  a  division. 

THE   RIGHT   TO   TAX   EXPORTS 

was  warmly  advocated  on  the  one  side,  and  as  warmly  resisted 
on  the  other.  It  was  claimed  on  the  one  hand  that  this  power 
might  be  a  useful  aid  in  negotiating  commercial  treaties,  and  such 
a  tax,  if  imposed  on  certain  articles  which  must  be  used  abroad, 
would  be  paid  by  foreigners ;  that  it  might  yet  be  necessary  for 
revenue;  that  it  might  be  required  to  encourage  the  manufacture 
of  raw  materials  at  home ;  and  to  prohibit  it  in  all  cases  would 
be  a  dangerous  denial  of  power  to  Congress  in  future  contin- 
gencies. On  the  other  hand,  the  "staple  States"  feared  that  its 
imposition  on  their  leading  articles  of  export  might  be  accom- 
plished by  the  votes  of  Northern  States,  and  that  the  former 
might  thus  be  made  to  pay  an  undue  share  of  the  taxes.  The 
general  government  might  through  it  oppress  particular  States. 
Mr.  Madison  especially  insisted  that  it  was  a  proper  tax,  that  its 
use  should  not  be  allowed  to  the  separate  maritime  States  as  a 
power  to  oppress  their  interior  neighbors ;  and  that  the  national 


88  THE  FORMATION  OF  THE  CONSTITUTION, 

legislature  was  the  proper  depository  of  this  power.  He  thought 
it  would  be  wise  to  employ  it  especially  in  taxing  exports  of 
articles  like  tobacco,  which  had  no  competition  in  foreign  markets, 

for  in  that  case  it  would  really  be  paid  by  foreigners.     In  the 

end,  the  fear  of  such  use  of  the  power  as  would  prejudice  the 
interests  of  particular  States  prevailed,  and  the  power  was  pro- 
hibited alike  to  the  States,  and  to  the  United  States. 

THE   POWER   TO   REGULATE   FOREIGN   AND   INTERSTATE   COMMERCE. 

The  powers  to  levy  taxes,  duties,  imposts,  and  excises,  and  to 
regulate  commerce,  were  conferred  upon  the  national  government 
without  giving  rise  to  any  serious  difficulty,  because  the  necessity 
of  it  was  the  strong  motive  to  the  new  organization  of  govern- 
ment. 

The  question  of  taxation  first  arose  in  connection  with  the 
ratio  of  representation  ;  and  it  was  resolved  by  five  votes  against 
three,  and  one  State  divided,  that  until  a  census  was  taken,  direct 
taxation  should  be  imposed  on  the  States  according  to  represen- 
tation in  the  first  branch.  When  the  Committee  of  Detail  made 
their  report  on  August  6th,  the  clauses  giving  Congress  the 
power  to  tax,  and  to  regulate  commerce,  appear  in  the  identical 
language  in  which  they  are  now  found  in  our  Constitution,  except 
that  the  clause  "  but  all  duties,  imposts,  and  excises  shall  be 
uniform  throughout  the  United  States"  was  afterwards  added. 

In  the  discussion  on  representation,  Mr.  King  asked,  "What 
is  the  precise  meaning  of  direct  taxation?"  No  one  replied  to 
his  inquiry.  A  proposition  to  obtain  by  requisition  from  each 
State  its  quota  of  direct  taxes  failed,  eight  States  to  one,  and 
Virginia  divided. 

In  passing  upon  the  words  "duties"  and  "imposts,"  Mr. 
Martin  asked  what  was  meant  by  these  words?  Mr.  Wilson 
replied  that  "  imposts"  was  appropriated  to  commerce,  while 
"duties"  applied  to  a  variety  of  objects,  as  stamp  duties,  etc. 


SPECIAL  PROVISIONS  OF  THE  CONSTITUTION.  89 

The  only  vote  against  the  adoption  of  that  taxing  clause  was 
Mr.  Gerry's. 

On  the  question  of  laying  embargoes,  Mr.  Madison  moved  to 
prohibit  that  power  to  the  States.  Mr.  Sherman  thought  they 
might  need  to  exercise  it  "  to  prevent  suffering  and  injury  to  the 
poor;"  and  Mr.  Mason  thought  the  amendment  dangerous. 
Gouverneur  Morris  considered  the  provision  unnecessary,  "the 
power  of  regulating  trade  between  State  and  State  already 
vested  in  the  general  legislature  being  sufficient."  Mr.  Madison 
then  moved  an  absolute  prohibition  against  the  laying  of  duties 
by  States  on  imports,  in  order  to  exclude  the  possibility  of  their 
getting  the  consent  of  Congress  to  an  act  which  would  tax  the 
imports  of  their  neighbors  passing  through  their  markets.  Mr. 
Mason  objected  that  "  particular  States  might  wish  to  encourage, 
by  import  duties,  certain  manufactures  for  which  they  enjoyed 
natural  advantages,  as  Virginia  the  manufacture  of  hemp,"  etc. 
Mr.  Madison  replied  that  "the  encouragement  of  manufactures 
in  that  mode  requires  duties  not  only  on  imports  directly  from 
foreign  countries,  but  from  other  States  of  the  Union,  which 
would  revive  all  the  mischiefs  experienced  from  the  want  of  a 
general  government  over  commerce." 

The  power  to  regulate  commerce  was  first  given  unanimously, 
and  without  any  objection  or  query  being  raised  upon  its  right  or 
expediency.  But  on  the  29th  of  August,  Mr.  Charles  Pinckney, 
with  special  reference  to  the  report  of  a  committee  which  recom- 
mended the  rejection  of  the  clause  requiring  a  two-thirds  majority 
to  pass  a  navigation  act,  moved  a  proposition  that  "  no  act  of 
the  legislature  for  the  purpose  of  regulating  the  commerce  of 
the  United  States  with  foreign  powers,  or  among  the  several 
States,  shall  be  passed  without  the  assent  of  two-thirds  of  the 
members  of  each  House."  He  classified  the  States  according  to 
their  conflicting  interests,  to  show  the  danger  to  these  interests 
if  a  mere  majority  should  be  empowered  to  regulate  commerce 

VOL.  I.— 13 


90  THE  FORMATION  OF  THE  CONSTITUTION. 

and  navigation.  The  power  was  a  pure  concession,  he  said,  on 
the  part  of  the  Southern  States,  which  did  not  at  present  need  the 
protection  of  the  Northern  States.  Mr.  Martin  supported  him. 
Charles  Cotesworth  Pinckney  disagreed.  Mr.  Clymer  said  "  the 
Northern  and  Middle  States  would  be  ruined  if  not  enabled  to 
defend  themselves  against  foreign  regulations."  Messrs.  Sher- 
man, Spaight,  Gouverneur  Morris,  Rutledge,  and  others  opposed 
the  demand  for  a  two-thirds  majority.  It  was  rejected  by  seven 
States  against  Maryland,  Virginia,  North  Carolina,  and  Georgia ; 
and  the  clause  requiring  two-thirds  to  pass  a  navigation  act  was 
struck  out,  leaving  this  on  the  same  plane  with  other  legislation. 
The  debate  recognized  the  importance  of  a  commercial  marine, 
as  fostering  seamen,  and  as  auxiliary  to  the  navy.  Mr.  Mason, 
as  late  as  September  15,  made  an  effort  to  require  a  two-thirds 
majority  to  pass  a  navigation  act  at  any  time  before  1808,  appar- 
ently associating  it  with  the  slave-trade ;  but  only  Maryland, 
Virginia,  and  Georgia  supported  the  proposal. 

This  power  having  ever  since  remained  undisputed,  the  real 
significance  of  the  provision  has  been  forgotten.  The  necessity 
of  its  existence  in  a  central  authority,  which  should  bind  all  the 
States,  was  then  strongly  appreciated  and  universally  understood. 
As  colonies,  they  had  always  assented  to  the  imposition  of  duties 
by  Great  Britain  on  foreign  goods  imported  among  them  so  far 
as  was  needed  to  regulate  their  commercial  intercourse  with 
foreign  countries.  Dr.  Franklin,  as  colonial  delegate  in  Eng- 
land, had  expressly  answered  a  parliamentary  committee  in  1766 
that  the  colonies  did  not  object  to  the  British  exercise  over  them 
of  this  power  for  the  purpose  of  regulating  commerce,  but 
denied  it  and  all  other  taxation  when  imposed  with  the  object 
of  obtaining  a  revenue.  His  answer  was,  "I  never  heard  any 
objection  to  the  right  of  laying  duties  to  regulate  commerce ;  but 
a  right  to  lay  internal  taxes  was  never  thought  to  lie  in  Parlia- 
ment." Lord  Chatham,  a  few  days  afterwards,  in  a  speech  upon 


SPECIAL  PROVISIONS  OF  THE  CONSTITUTION.  91 

the  right  of  taxing  America,  admitted  "  there  is  a  plain  distinction 
between  taxes  levied  for  the  purpose  of  raising  a  revenue  and 
duties  imposed  for  the  regulation  of  trade."  In  1778  the  govern- 
ment introduced  a  bill  in  Parliament  for  the  purpose  of  concili- 
ating the  colonies,  then  in  open  revolution,  in  the  preamble  of 
which  they  renounced  all  taxation  of  America,  "  except  only  such 
duties  as  may  be  expedient  to  impose  for  the  regulation  of 
commerce." 

The  experience  of  mutual  injustice  among  the  colonies  in  their 
imposition  of  duties  to  raise  a  revenue,  and  to  regulate  their  rival 
trade  with  foreign  countries,  had  led  to  a  widespread  regret  that 
there  was  no  common  authority  to  regulate  this  commerce  on 
terms  of  equality  for  all,  as  had  before  been  done  by  act  of 
Parliament.  Each  State  was  powerless  to  protect  its  own  indus- 
tries except  by  imposition  of  duties  against  importations  from 
other  States  as  well  as  directly  from  abroad.  In  August  of  the 
year  prior  to  the  meeting  of  this  Convention  a  grand  committee 
of  the  Federal  Congress  had  reported  an  article  to  be  added  to 
the  Confederate  system,  which  gave  to  the  "  United  States  in 
Congress  assembled  the  sole  and  exclusive  power  of  regulating 
the  trade  of  the  States,  as  well  with  foreign  nations  as  with  each 
other,  and  of  laying  such  prohibitions  and  such  imposts  and  duties 
upon  imports  and  exports  as  may  be  necessary  for  the  purpose ;" 
with  a  proviso,  however,  that  the  amounts  so  collected  by  the 
United  States  should  be  paid  to  the  use  of  the  State  in  which 
they  should  be  payable ;  and  that  citizens  should  not  be  required 
to  pay  more  than  foreign  subjects. 

It  thus  appears  that  the '  statesmen  of  that  period — and  some 
of  the  members  of  that  committee  were  now  members  of  this 
Convention — were  thoroughly  familiar  with  the  system  of  regu- 
lating trade  with  foreign  countries  by  the  imposition  of  duties, 
and  even  went  so  far  as  to  authorize  "prohibitions"  of  such  trade, 
or  parts  of  it.  In  a  debate  in  Convention  (August  13)  upon  an- 


92  THE  FORMATION  OF  THE  CONSTITUTION. 

other  subject,  Mr.  Madison  said:  "In  many  acts,  particularly  in 
the  regulation  of  trade,  the  object  would  be  twofold.  The  raising 
of  revenue  would  be  one  of  them.  How  could  it  be  determined 
which  was  the  primary  or  predominant  one,  or  whether  it  was 
necessary  that  revenue  should  be  the  sole  object,  to  the  exclu- 
sion even  of  other  incidental  effects?  When  the  contest  was  first 
opened  with  Great  Britain  their  power  to  regulate  trade  was 
admitted,  their  power  to  raise  revenue  rejected."  Mr.  Mason 
had  expressed  his  fears  of  foreign  influence  in  our  commercial 
regulations,  that  "the  great  houses  of  British  merchants  would 
insinuate  the  instruments  of  their  views  into  our  government." 

In  the  debate  on  the  ratification  of  the  national  Constitution 
in  the  Massachusetts  Convention,  Mr.  Thomas  Dawes  urged  its 
approval  because  of  the  power  it  gave  to  the  national  govern- 
ment over  commerce  and  navigation.  He  said  :  "  For  want  of 
general  laws  of  prohibition  through  the  Union,  our  coasting  trade, 
our  whole  commerce,  is  going  to  ruin."  After  reciting  the  free 
access  to  our  ports  of  British  bottoms,  and  their  great  earnings 
from  American  freights,  he  added:  "Our  sister  States  are  willing 
that  these  benefits  should  be  secured  to  us  by  national  laws,  but 
we  are  slaves  to  Europe.  We  have  no  uniformity  in  duties,  im- 
posts, excises,  or  prohibitions.  Congress  has  no  authority  to 
withhold  advantages  from  foreigners  in  order  to  obtain  recip- 
rocal advantages  from  them.  Our  manufacturers  have  received 
no  encouragement  by  national  duties  on  foreign  manufacture,  and 
they  never  can  by  any  authority  in  the  Confederation.  .  .  .  The 
citizens  of  the  United  States  within  the  last  three  years  have  con- 
tracted debts  with  the  subjects  of  Great  Britain  to  the  amount 
of  near  six  millions  of  dollars.  If  we  wish  to  encourage  our 
own  manufactures,  to  preserve  our  own  commerce,  to  raise  the 
value  of  our  own  lands,  we  must  give  Congress  the  power  in 
question." 

In  other  States  the  object  of  this  provision  was  equally  well 


SPECIAL   PROVISIONS  OF  THE   CONSTITUTION.  93 

understood,  as  shown  by  the  use  made  of  it  in  the  efforts  to 
defeat  the  ratification  of  the  Constitution  in  the  States  furnish- 
ing exports,  but  having  no  shipping  and  no  manufactures. 

In  the  light  of  all  these  debates  we  see  clearly  what  was 
meant  by  the  power  "  to  regulate  commerce  with  foreign  nations 
and  among  the  several  States."  In  pursuance  of  this  authority, 
after  prescribing  the  oaths  of  office  to  be  taken,  the  first  act  of 
Congress  under  this  Constitution  (chapter  ii.  Stats,  at  Large) 
imposes  duties  on  foreign  imports  for  the  "  twofold  purpose"  to 
which  Mr.  Madison  alluded  in  the  Convention, — "for  the  support 
of  the  government,  for  the  discharge  of  the  debts  of  the  United 
States,  and  the  encouragement  and  protection  of  manufactures," 
as  recited  in  its  preamble.  All  the  great  commercial  countries 
of  Europe  at  that  time  exercised  the  same  power,  and  for  the 
same  twofold  purpose.  Wars  were  undertaken  to  secure  exclu- 
sive colonial  markets  for  their  wares,  and  some  of  these  govern- 
ments have  continued  that  exclusive  policy  to  this  day.  Without 
a  like  power  this  government  would  have  been  defenceless  in 
negotiations  of  commercial  treaties,  and  would  have  remained 
especially  the  commercial  victim  of  that  government  from  whose 
dominion  it  had  just  escaped. 

Mr.  Madison  introduced  the  bill  for  the  exercise  of  this  power 
two  days  after  the  organization  of  the  First  Congress  (April,  1789, 
and  before  President  Washington  was  inaugurated),  proposing 
also  a  discriminating  duty  on  tonnage  to  protect  American  ship- 
ping. He  said  in  debate  that  "the  interests  of  States  which  were 
ripe  for  manufactures  ought  to  have  attention,  as  the  power  of 
protecting  and  cherishing  them  has  by  the  present  Constitution 
been  taken  from  the  States,  and  its  exercise  thrown  into  other 
hands." 

BILLS   OF   CREDIT   AND   LEGAL  TENDER. 

The  Committee  of  Detail,  under  the  authority  giving  to  the 
new  legislature  all  the  powers  of  the  Confederate  Congress,  re- 


94  THE  FORMATION  OF  THE  CONSTITUTION. 

ported  the  clause  "to  borrow  money  and  emit  bills  on  the  credit 
of  the  United  States." 

Gouverneur  Morris,  seconded  by  Mr.  Butler,  moved  to  strike 
out  the  authority  "to  emit  bills"  of  credit,  holding  it  unnecessary 
if  the  public  credit  was  good,  and  useless  if  it  was  bad.  Mr. 
Madison  inquired  if  it  would  not  suffice  to  prohibit  their  being 
made  a  tender.  Promissory  notes  in  that  shape  might  in  some 
emergencies  be  best.  Mr.  Morris  answered  that  without  the 
clause  the  promissory  notes  of  a  responsible  minister  would  be 
good.  If  paper  emissions  were  not  prohibited,  the  money  interest 
would  oppose  the  plan  of  government.  Mr.  Mason  had  a  mortal 
hatred  against  paper  money,  but  he  was  unwilling  to  tie  the 
hands  of  the  government  against  all  emergencies.  Mr.  Gorham 
thought  the  authority  was  implied  in  that  of  borrowing,  so  far  as 
it  was  safe  and  necessary. 

Mr.  Ellsworth  thought  it  "a  favorable  moment  to  shut  and 
bar  the  door  against  paper  money."  The  mischiefs  of  it  were 
fresh  in  the  public  mind,  and  keenly  felt.  "  The  power  may  do 
harm,  never  good."  Mr.  Butler  remarked  that  paper  money  was 
not  anywhere  in  Europe  a  legal  tender;  to  which  Mr.  Mason  re- 
plied, neither  was  the  power  denied  in  Europe.  Mr.  Read  ob- 
served that  the  words,  if  not  struck  out,  "would  be  as  alarming 
as  the  mark  of  the  beast  in  Revelation."  Mr.  Langdon  would 
rather  reject  the  whole  plan  than  retain  the  obnoxious  words. 

They  were  struck  out  by  vote  of  all  the  States  (9)  except  New 
Jersey  and  Maryland.  Mr.  Madison  notes  that  he  was  satisfied 
the  omission  of  the  clause  would  not  prevent  the  issue  of  public 
notes  so  far  as  safe  and  proper;  and  "would  only  cut  off  the 
pretext  for  a  paper  currency,  and  particularly  for  making  the  bills 
a  tender,  either  for  public  or  private  debts."  (Madison  Papers, 
vol.  iii.,  p.  1346.) 

When  the  question  of  the  powers  to  be  denied  to  the  States 
was  presented,  Mr.  Wilson  and  Mr.  Sherman  moved  to  insert, 


SPECIAL  PROVISIONS  OF  THE   CONSTITUTION.  95 

after  the  prohibition  of  coining  money,  the  words  "  nor  emit  bills 
of  credit,  nor  make  anything  but  gold  and  silver  coin  a  tender  in 
payment  of  debts."  Mr.  Gorham  hesitated,  fearing  to  arouse  the 
opposition  of  the  States,  and  willing  that  the  power  should  remain 
among  those  which  might  be  exercised  by  the  States  "with  the 
assent  of  Congress."  Mr.  Sherman  would  crush  paper  money 
at  once.  On  that  part  denying  to  the  States  the  right  to  emit 
bills,  all  the  States  voted  to  prohibit  it  except  Virginia,  with 
Maryland  divided.  Upon  the  prohibition  against  making  any- 
thing but  coin  a  legal  tender,  the  opinion  was  unanimous. 

Thus  were  the  States  forever  prevented  from  again  incurring 
for  themselves  the  countless  evils  which  they  had  already  suffered 
from  a  forced  paper  currency.  There  is  little  doubt  that  the 
Convention  also  believed  the  Union  to  be  saved  from  the  same 
peril,  when  they  struck  out  from  the  powers  of  the  new  national 
government  that  of  emitting  bills  of  credit.  There  is  no  trace  in 
the  recorded  debates  of  the  belief  of  a  single  member  that  under 
the  power  "  to  borrow  money"  the  Congress  could  exercise  the 
power  of  making  their  bills  a  legal  tender  for  private  debts. 
There  is  rather  the  contrary  indication,  that  they  considered  this 
authority  non-existent,  unless  it  should  be  enumerated  among  the 
express  powers  granted.  The  authority  as  assumed  in  later  years 
appears  to  have  been  an  unwarranted  deduction  from  the  general 
power  to  provide  for  carrying  into  effect  other  powers  which  were 
granted.  The  Convention,  while  prohibiting  the  power  to  the 
States,  supposed  it  sufficient  to  simply  withhold  the  authority  from 
the  Congress  of  the  United  States. 

TREATIES   AND   THEIR   FORCE. 

In  distributing  the  powers  to  the  various  branches  of  the 
government,  the  Committee  of  Detail  assigned  to  the  Senate  the 
power  to  make  treaties,  with  the  correlative  power  to  appoint 
ambassadors.  Mr.  Hamilton's  plan  had  proposed  to  invest  this 


96  THE  FORMATION  OF  THE   CONSTITUTION. 

body  with  the  power  to  declare  war,  while  he  associated  it  with 
the  President  in  advising  and  consenting  to  treaties.  But  neither 
this  nor  any  other  plan,  except  that  of  Virginia,  was  made  the  basis 
of  action,  although  traces  of  their  provisions  are  seen  in  the 
motions  made  for  amendment  of  the  plan  always  under  debate. 
It  is  doubtless  true  that  some  of  the  propositions  made  by  Mr. 
Charles  Pinckney  and  Mr.  Hamilton,  as  well  as  of  those  in  the 
New  Jersey  and  Connecticut  schemes,  found  adoption  in  the 
various  amendments  made  to  the  original  plan. 

But  this  provision,  giving  the  Senate  the  sole  power  over 
treaties,  appears  to  have  been  accepted  in  the  first  instance  by 
common  consent.  On  August  15,  Mr.  Mason,  while  opposing 
another  power  of  the  Senate,  observed  they  "  could  already  sell 
the  whole  country  by  means  of  treaties."  Mr.  Mercer  in  reply 
said,  "  The  Senate  ought  not  to  have  the  power  of  treaties.  This 
power  belonged  to  the  executive  department;"  and  added  that 
treaties  would  not  be  final,  so  as  to  alter  the  laws  of  the  land,  till 
ratified  by  legislative  authority,  as  was  the  case  in  Great  Britain. 
Mr.  Mason  rejoined,  that  he  "  did  not  say  a  treaty  would  repeal 
a  law,  but  that  the  Senate  might  by  means  of  treaties  alienate 
territory,  etc.,  without  legislative  sanction,  an  example  was  found 
in  the  British  cession  of  West  India  Islands  by  treaty  alone.  If 
Spain  should  take  possession  of  Georgia,  the  Senate  might  by 
treaty  dismember  the  Union. 

Upon  the  direct  consideration  of  this  article,  Mr.  Madison 
observed  that,  as  the  Senate  represented  the  States,  and  for 
other  reasons  as  well,  "it  was  proper  that  the  President  should 
be  an  agent  in  treaties."  Gouverneur  Morris  doubted  about  re- 
ferring to  the  Senate  the  making  of  treaties  in  any  degree ;  but 
for  the  present  would  only  move  as  an  amendment,  "  but  no 
treaty  shall  be  binding  on  the  United  States  which  is  not  ratified 
by  law."  Mr.  Madison  spoke  of  the  inconvenience  of  requiring 
a  legal  ratification  of  treaties  of  alliance  in  case  of  war,  and  in 


SPECIAL  PROVISIONS   OF  THE   CONSTITUTION.  97 

many  other  cases.  Mr.  Gorham  called  attention  to  "many  other 
disadvantages  if  treaties  of  peace  and  all  negotiations  are  to  be 
previously  ratified ;  and  if  not  previously,  the  ministers  would  be 
at  a  loss  how  to  proceed.  American  ministers  must  go  abroad 
not  instructed  by  the  same  authority  which  is  to  ratify  their  pro- 
ceedings." Mr.  Morris  answered  that  the  result  would  be  that 
foreign  governments  must  send  their  ministers  here  (for  an  alli- 
ance), which  he  desired.  Mr.  Wilson  was  inclined  for  the  amend- 
ment. Without  it  "the  Senate  could  by  treaty  require  all  the  rice 
of  South  Carolina  to  be  sent  to  one  particular  port."  Mr.  Dick- 
inson concurred. 

Dr.  Johnson  thought  it  a  solecism  "that  the  acts  of  a  minister 
with  plenipotentiary  powers  from  one  body  should  depend  for 
ratification  upon  another  body.  The  British  king  had  full  au- 
thority to  make  treaties  and  ratify  them ;  and  if  Parliament  re- 
fused to  provide  for  carrying  them  into  effect  it  was  a  violation 
of  the  treaty."  Mr.  Randolph  thought  best  to  postpone  its  fur- 
ther consideration,  in  view  of  the  objections  to  the  clause;  but 
on  this  motion  the  vote  was  equally  divided. 

The  question  was  then  put  on  the  amendment  requiring  rati- 
fication of  treaties  by  law ;  and  only  Pennsylvania  voted  for  it, 
North  Carolina  being  divided,  and  eight  States  voted  against  it. 

After  adding  "other  public  ministers"  to  ambassadors,  the 
whole  clause  was  postponed  for  further  consideration  and  re- 
ferred to  the  committee  of  five  before  appointed.  Mr.  Madison 
suggested  a  possible  distinction  in  the  mode  of  ratification 
between  treaties  eventual,  or  of  alliance  for  limited  terms,  and 
other  treaties ;  the  former  to  depend  alone  on  the  President  and 
Senate. 

From  another  committee,  charged  with  resolutions  respecting 
the  executive,  on  the  4th  of  September,  came  a  report  in  which 
this  proposal  was  made :  "  The  President,  by  and  with  the  advice 
and  consent  of  the  Senate,  shall  have  power  to  make  treaties ;" 

VOL.  I. — 14 


98  THE  FORMATION  OF  THE   CONSTITUTION. 

and  in  the  same  manner  the  appointment  of  ambassadors  and 
other  public  ministers  was  transferred  to  him.  But  upon  this 
power  to  make  treaties  was  put  the  following  limitation:  "But 
no  treaty  shall  be  made  without  the  consent  of  two-thirds  of  the 
members  present." 

Mr.  Wilson,  seconded  by  Mr.  Fitzsimons,  recalling  the  pro- 
vision already  adopted,  that  this  Constitution,  the  laws  under  it, 
and  treaties  "shall  be  the  supreme  law  of  the  land,"  moved  to 
add  to  "the  Senate"  the  words  "and  House  of  Representatives," 
so  as  to  involve  the  whole  law-making  power  as  necessary  to 
validate  a  treaty.  "  As  treaties,"  he  said,  "  are  to  have  the  oper- 
ation of  laws,  they  ought  to  have  the  sanction  of  laws  also."  He 
thought  this  outweighed  the  reasonable  objection  that  secrecy 
was  necessary  in  the  business  of  making  treaties. 

Mr.  Sherman  averred  "that  the  necessity  of  secrecy  in  the 
case  of  treaties  forbade  a  reference  of  them  to  the  whole  legis- 
lature. The  only  question  was,  whether  the  power  could  be  safely 
trusted  to  the  Senate,  and  he  thought  it  could  be." 

Then  the  vote  was  taken,  and  Pennsylvania  alone  supported 
Mr.  Wilson.  The  other  ten  States  voted  for  excluding  the  House 
of  Representatives  from  participation  in  the  making  or  ratification 
of  treaties. 

The  clause  requiring  two-thirds  of  the  Senate  for  ratification 
was  opposed  by  Mr.  Wilson,  as  enabling  a  minority  to  overrule 
a  majority.  Mr.  King  concurred,  because  here  was  added  the 
element  of  consent  of  the  executive  power  as  a  security.  Mr. 
Madison  thought  treaties  of  peace  should  be  facilitated,  and  moved 
that  only  a  majority  be  required  for  them;  and  it  was  unani- 
mously agreed  to.  He  then  went  further,  to  guard  against  Presi- 
dential ambition  and  love  of  power  in  time  of  war,  and  proposed 
that  two-thirds  of  the  Senate  might  make  peace  without  his 
consent.  Mr.  Butler  concurred.  Mr.  Gorham  thought  this 
unnecessary,  because  the  means  for  carrying  on  war  were  in 


SPECIAL  PROVISIONS  OF  THE  CONSTITUTION.  99 

legislative  hands  and  might  be  refused.  Gouverneur  Morris 
added  that  the  President,  as  general  guardian  of  the  national 
interests,  was  entitled  to  concur  in  the  making  of  peace.  Mr. 
Gerry  thought  there  was  perhaps  more  need  of  caution  in  treaties 
of  peace  than  in  other  treaties,  as  fisheries  and  boundaries,  etc., 
would  be  at  stake ;  and  so  thought  Dr.  Williamson.  Mr.  Madi- 
son's motion  was  defeated  by  eight  States  against  three. 

Afterwards,  Messrs.  Williamson  and  Spaight  recurred  to  the 
subject  of  the  amendment  which  allowed  treaties  of  peace  to  be 
made  with  consent  of  a  majority  of  senators,  and  moved  to 
require  two-thirds  in  case  territorial  rights  were  affected.  Mr. 
King  would  extend  it,  then,  "  to  all  present  rights  of  the  United 
States."  The  next  day  Mr.  King  moved  to  strike  out  the  excep- 
tion made  of  treaties  of  peace ;  and  Mr.  Wilson  did  not  desire 
two-thirds  majority  in  any  case.  A  reconsideration  was  agreed  to. 

Gouverneur  Morris  recognized  the  fisheries  and  the  Missis- 
sippi as  "  the  two  great  objects  of  the  Union ;"  and  the  legislature 
would  be  unwilling  to  make  war  on  that  account,  if  a  majority  of 
the  Senate  could  make  peace.  Mr.  Wilson  remarked  that  if  two- 
thirds  was  required  for  peace,  a  minority  might  perpetuate  war; 
and  the  old  grounds  of  debate  were  again  traversed.  The  excep- 
tion of  treaties  of  peace  was  finally  stricken  out  by  a  vote  of  all 
the  other  States  against  New  Jersey,  Delaware,  and  Maryland. 

Mr.  Wilson  and  Mr.  Dayton  then  moved  to  amend,  so  as  to 
require  only  a  majority  of  the  Senate  in  all  cases  of  treaties. 
This  failed  by  nine  States  against  Delaware,  with  Connecticut 
divided. 

Then  Mr.  Rutledge  and  Mr.  Gerry  moved,  in  the  contrary 
direction,  that  for  all  treaties  the  consent  of  two-thirds,  not  of  a 
quorum,  but  of  all  the  senators,  should  be  required.  This  was 
defeated  by  eight  votes  to  three.  Mr.  Sherman  next  moved  for  a 
majority  of  all  the  senators  in  such  cases.  This  was  defeated, 
six  States  against  five.  Mr.  Madison  then  sought  to  require  two- 


100  THE  FORMATION  OF  THE   CONSTITUTION. 

thirds  for  a  quorum.  This  was  defeated  by  a  vote  of  six  to  five. 
Messrs.  Williamson  and  Gerry  then  moved  that  no  treaty  should 
be  concluded  without  previous  notice  to  all  the  senators,  and 
giving  reasonable  time  for  their  attendance.  Only  Georgia,  North 
Carolina,  and  South  Carolina  supported  this. 

Then  the  vote  was  finally  taken  on  the  treaty  power  as  it  now 
stands  in  the  Constitution,  and  it  was  accepted  by  all  the  States 
except  Pennsylvania,  New  Jersey,  and  Georgia. 

It  would  appear  from  the  course  of  the  debate,  and  from  the 
votes,  that  the  mind  of  the  Convention  was  never  wholly  clear 
respecting  the  case  of  conflict  between  legislative  acts  and 
treaties.  They  evidently  regarded  a  treaty,  approved  by  two- 
thirds  of  the  Senate  and  the  executive,  as  a  supreme  law,  equal 
in  force  to  any  legislative  act,  and  everywhere  obligatory.  It  is 
probable  that  they  considered  a  subsequent  act  of  Congress  con- 
travening its  provisions,  or  refusing,  or  failing  to  provide  means 
to  execute  it  as  a  violation  of  it,  to  be  adjusted  as  other  violations 
of  treaties  must  be  adjusted.  Doubtless  they  considered  it 
unlikely  that  the  executive  and  Senate  who  had  made  the  treaty 
could  consent  to  such  a  violative  act ;  but  the  other  House  might 
refuse  legislation  to  execute  the  treaty.  Certainly  they  made  no 
distinction  between  treaties,  whether  of  peace,  of  alliance,  of 
commerce,  or  for  any  other  object  of  international  negotiation. 
Whatever  the  treaty,  when  duly  ratified  it  became  the  law  of  the 
land.  There  always  remained  as  a  security  for  the  treaty- making 
power  the  right  to  make  the  treaty  conditional  on  the  approval 
of  the  whole  legislative  authority.  Otherwise,  the  treaty  being 
unconditional,  a  failure  to  execute  it  involved  its  breach,  and  justi- 
fied a  demand  by  the  other  contracting  nation  for  redress  upon 
peril  of  war. 


SPECIAL  PROVISIONS  OF   THE   CONSTITUTION.  IOI 

THE   LEGISLATIVE   RIGHT   TO   ORIGINATE   MONEY   BILLS. 

In  the  scheme  of  government,  as  originally  approved  in  the 
committee  of  the  whole,  equal  power  to  originate  legislation  was 
given  to  the  two  Houses  of  Congress  by  unanimous  consent. 
While  the  Virginia  resolutions  were  under  consideration  on  the 
last  day  in  the  committee  of  the  whole,  Mr.  Gerry  moved  to 
insert,  "  except  money  bills,  which  shall  originate  in  the  first 
branch  of  the  national  legislature."  Mr.  Butler  saw  no  reason 
for  it:  "We  were  always  following  the  British  constitution,  when 
the  reason  of  it  did  not  apply.  There  was  no  analogy  between 
the  House  of  Lords  and  the  body,  now  proposed 'to  be  estab- 
lished." Mr.  Madison  said,  "The  Senate  would  be  the  represen- 
tation of  the  people,  as  well  as  the  first  branch."  Mr.  Sherman 
observed,  "We  establish  two  branches  in  order  to  get  more 
wisdom,  which  is  particularly  needed  in  the  finance  business. 
The  Senate  bear  their  share  of  the  taxes,  and  are  also  the  repre- 
sentatives of  the  people."  General  Pinckney  said,  "This  dis- 
tinction prevails  in  South  Carolina,  and  has  been  a  source  of 
pernicious  disputes  between  the  two  branches."  The  motion 
was  then  defeated  by  all  the  States  except  New  York,  Delaware, 
and  Virginia,  and  both  Houses  retained  equal  rights  in  all 
legislation. 

When  the  long  and  exasperating  debate  occurred  upon 
equality  of  State  representation  in  the  two  Houses,  it  was 
urged  on  the  part  of  the  great  States  that  questions  of  revenue 
ought  to  be  determined  by  a  proportional  representation.  Other- 
wise, a  minority  of  population,  represented  by  a  majority  of  States, 
might,  contrary  to  all  correct  principles,  impose  burdens  on  the 
majority  of  both  wealth  and  population.  This  palpable  injustice 
led  to  an  offer  on  the  side  of  the  small  States  that  "all  bills  for 
raising  or  appropriating  money,  and  for  fixing  the  salaries  of  the 
officers  of  the  government  of  the  United  States,  shall  originate 


102  THE  FORMATION  OF  THE  CONSTITUTION. 

in  the  first  branch  of  the  legislature,  and  shall  not  be  altered 
or  amended  by  the  second  branch ;  and  that  no  money  shall  be 
drawn  from  the  public  treasury  but  in  pursuance  of  appropri- 
ations to  be  originated  in  the  first  branch."  This  offer  was 
conditioned  upon  the  acceptance  of  an  equal  vote  in  the  Senate. 
A  committee,  of  which  Mr.  Gerry  was  chairman,  so  reported  the 
plan  on  July  5. 

Mr.  Madison  regarded  this  as  no  valuable  concession  to  the 
great  States.  "  Experience  proved  that  it  had  no  effect.  If  some 
States  in  the  upper  branch  wished  a  bill  to  be  originated,  they 
surely  might  find  some  member  from  the  same  States  in  the 
lower  branch  who  would  originate  it."  As  for  amendments,  they 
"could  be  handed  privately  by  the  Senate  to  members  of  the 
other  House.  Bills  could  be  negatived,  that  they  might  be  sent 
up  in  the  desired  shape."  Gouverneur  Morris  and  others  warmly 
opposed  the  plan.  Mr.  Wilson  shrewdly  remarked,  "If  both 
branches  were  to  say  yes  or  no,  it  was  of  little  consequence  which 
should  say  yes  or  no  first,  which  last."  It  would  be  better  to 
reverse  the  order,  for  "  it  was  a  maxim  that  the  least  numerous 
body  was  the  fittest  for  deliberation, — the  most  numerous  for 
decision."  The  question  was  taken  on  this  clause  ;  and  for  it 
voted  Connecticut,  New  Jersey,  Delaware,  Maryland,  and  North 
Carolina  (5).  Against  it  were  Pennsylvania,  Virginia,  South 
Carolina  (3),  with  Massachusetts,  New  York,  and  Georgia  divided. 
Although  only  five  States  out  of  eleven  voted  for  it,  under  their 
rules  it  stood  as  affirmed.  But  it  was  well  understood  that  it  was 
still  an  open  question. 

On  the  1 6th  of  July,  after  references  of  the  compromise  to 
special  committees  and  much  debate,  the  question  was  taken  on 
the  compromise  as  a  whole,  including  the  equal  vote  in  the 
Senate,  the  proportional  vote  in  the  House,  and  the  clause  in 
question  ;  and  it  was  carried  by  the  same  five  States  in  the  affirm- 
ative against  the  same  three  States  and  Georgia  in  the  nega- 


SPECIAL  PROVISIONS  OF  THE   CONSTITUTION.  103 

tive,  with  Massachusetts  divided  and  New  York  absent.  In  this 
form  it  went  to  the  Committee  of  Detail,  but  still  unsupported 
by  a  majority  of  the  States. 

Again,  upon  the  report  of  this  committee,  it  came  into  de- 
bate, and  Mr.  Pinckney  moved  to  strike  out  the  clause,  and  was 
supported  by  Gouverneur  Morris,  Mr.  Wilson,  and  Mr.  Madi- 
son. Mr.  Mason,  Mr.  Butler,  and  Mr.  Ellsworth  thought  it  had 
better  stand  as  a  compromise.  Mr.  Gorham  was  in  favor  of 
originating  the  bills  in  the  House,  but  giving  power  to  the  Senate 
to  amend.  The  clause  was  struck  out  by  the  votes  of  New 
Jersey,  Pennsylvania,  Delaware,  Maryland,  Virginia,  South  Caro- 
lina, and  Georgia  (7),  against  New  Hampshire,  Massachusetts, 
Connecticut,  and  North  Carolina  (4),  without  disturbing  the 
equality  of  States  in  the  Senate.  But  Mr.  Randolph  gave  notice 
of  a  motion  to  reconsider,  and  Mr.  Mason,  with  some  others, 
still  regarded  it  as  necessary  to  adhere  to  the  compromise,  al- 
though the  large  States  had  disclaimed  its  supposed  value  and 
the  small  States  were  willing  to  adhere  if  the  large  States  de- 
sired it. 

Upon  the  reconsideration,  Mr.  Randolph  proposed  to  limit 
the  exclusive  power  to  "bills  for  the  purpose  of  revenue,"  to 
obviate  objection  to  the  words  "  raising  money,"  which  might 
happen  incidentally,  not  allowing  the  Senate  by  amendment  to 
either  increase  or  diminish  the  same.  His  motion  was  in  the 
following  words :  "  Bills  for  raising  money  for  the  purpose  of 
revenue,  or  for  appropriating  the  same,  shall  originate  in  the 
House  of  Representatives  ;  and  shall  not  be  so  amended  or 
altered  by  the  Senate  as  to  increase  or  diminish  the  sum  to  be 
raised,  or  change  the  mode  of  levying  it,  or  the  object  of  its 
appropriation." 

Mr.  Mason  renewed  his  arguments  in  its  favor.  Mr.  Wilson 
again  opposed  it  with  warmth.  He  said  "  it  would  be  a  source 
of  perpetual  contentions  when  there  was  no  mediator  to  decide 


104  THE  FORMATION   OF  THE  CONSTITUTION, 

them.  The  President  here  could  not,  like  the  executive  in  Eng- 
land, interpose  by  a  prorogation  or  dissolution.  This  restriction 
had  been  found  pregnant  with  altercation  in  the  eight  States 
where  the  constitutions  had  established  it.  The  House  of  Repre- 
sentatives will  insert  other  things  in  money  bills,  and,  by  making 
them  conditions  of  each  other,  destroy  the  deliberate  liberty  of 
the  Senate."  And  he  recited  a  remarkable  case  of  this  misuse 
of  power  by  the  House  of  Commons.  Gouverneur  Morris 
thought  its  proposed  advantages  illusory,  because  the  "  Senate 
could  tire  out  the  other  House  and  extort  their  concurrence  in 
favorite  measures  as  well  by  their  negative  or  withholding  their 
assent  as  by  adhering  to  a  bill  introduced  by  themselves.  In 
respect  to  the  representatives  'holding  the  purse-strings,'  both 
Houses  must  concur  in  the  untying ;  and  of  what  importance 
could  it  be  which  untied  first,  which  last?"  Mr.  Madison  made  a 
full  argument  on  the  same  side.  Mr.  Read  would  follow  the  ex- 
ample of  many  of  the  States,  retaining  the  exclusive  authority  in 
the  first  House,  but  giving  the  Senate  liberty  to  amend.  Mr.  Car- 
roll said  the  clause  in  the  Maryland  constitution  was  "a  source 
of  continual  difficulty  and  squabble  between  the  two  Houses." 

At  the  end  of  this  searching  debate  (August  13)  three  votes 
were  taken.  First,  on  the  exclusive  right  in  the  first  House  to 
originate  money  bills  :  the  ayes  were  New  Hampshire,  Massa- 
chusetts, Virginia,  North  Carolina  (4)  ;  the  noes  were  Connecti- 
cut, New  Jersey,  Pennsylvania,  Delaware,  Maryland,  South  Caro- 
lina, Georgia  (7).  Second,  on  originating  by  the  first  House 
and.  amending  by  the  Senate  :  the  vote  was  the  same, — noes 
seven,  ayes  four.  Third,  on  the  question  of  no  appropriations 
of  money  except  those  originating  in  the  first  House:  Massa- 
chusetts alone  voted  aye  (i),  the  other  ten  States  voting  no. 

Here,  for  the  first  time,  appears  a  very  strong  conviction 
of  the  Convention  that  a  distinction  should  be  made  between 
bills  for  raising  revenue  and  bills  for  appropriating  money. 


SPECIAL  PROVISIONS  OF  THE   CONSTITUTION.  105 

Two  days  later  Mr.  Strong,  of  Massachusetts,  moved  to  in- 
sert in  another  place  the  same  clause  of  Mr.  Randolph  which 
had  been  voted  down  on  the  I3th.  It  was  thought  best  to  post- 
pone the  question  for  the  time  and  consider  other  matters,  which 
was  done.  Subsequently  a  committee  of  eleven  was  appointed 
to  consider  various  old  and  new  questions  of  detail  in  the  Con- 
stitution as  reported,  and  on  the  5th  of  September  Mr.  Brearley 
reported  from  this  committee,  among  other  clauses,  the  following: 
"All  bills  for  raising  revenue  shall  originate  in  the  House  of 
Representatives,  and  shall  be  subject  to  alterations  and  amend- 
ments by  the  Senate  ;  no  money  shall  be  drawn  from  the  treas- 
ury but  in  consequence  of  appropriations  made  by  law." 

Again  it  was  postponed  on  motion  of  Gouverneur  Morris, 
who  said  it  had  been  "  agreed  in  the  committee  on  the  ground 
of  compromise,"  and  he  wished  to  await  the  disposition  of  other 
clauses.  Though  opposed,  this  motion  was  carried  by  nine  States 
against  two.  On  the  8th  of  September  the  long  dispute  was 
ended.  After  a  verbal  amendment,  which  was  made  unanimously, 
the  clause  was  adopted  as  it  now  appears  in  the  Constitution, 
except  that  the  Committee  on  Style,  in  their  revision,  transposed 
the  last  clause  to  another  place.  The  final  vote  shows  its  ac- 
ceptance by  all  the  States  except  Delaware  and  Maryland. 
Among  the  published  objections  of  George  Mason,  on  account 
of  which  he  refused  to  sign  the  Constitution,  was  this,  that  "  the 
Senate  have  the  power  of  altering  all  money  bills  and  of  origi- 
nating appropriations  of  money." 

It  thus  appears  that  by  express  votes  the  Convention  refused 
to  extend  the  exclusive  power  of  the  House  beyond  bills  for 
raising  revenue,  and  by  express  vote  decided  to  leave  in  the 
Senate  an  equal  power  to  originate  bills  making  appropriations 
of  public  money,  and  that  only  a  minority  of  the  Convention 
attached  constitutional  importance  to  the  former  provision. 

VOL  I. — 15 


106  THE  FORMATION  OF  THE  CONSTITUTION. 

ADMISSION  OF  NEW  STATES. 

It  was  among  the  clauses  of  the  Virginia  plan  that  provision 
should  be  made  for  the  admission  of  new  States  into  the  Union, 
whether  with  a  voluntary  junction  of  government  and  territory, 
or  otherwise,  and  without  requiring  the  consent  of  all  the  States. 
This  was  agreed  to  in  the  committee  of  the  whole.  It  was  re- 
membered that  there  had  been  discussion  of  new  States  to  be 
formed  in  the  west  of  North  Carolina,  west  of  Pennsylvania,  in 
Maine,  in  Vermont,  and  in  the  Western  region.  In  the  Conven- 
tion itself  there  had  been  talk  (June  18)  of  a  readjustment  of 
territory  among  the  States  with  a  view  to  equalize  them. 

When  the  Committee  of  Detail  made  their  report,  this  clause, 
modified  in  form,  provided  for  the  admission  of  "  new  States 
lawfully  constituted  or  established  within  the  limits  of  the 
United  States ;"  but  requiring  the  consent  of  two-thirds  of 
each  House  of  Congress.  If  formed  within  the  limits  of  an 
existing  State,  the  consent  of  its  legislature  was  required.  They 
were  to  come  in  on  equal  terms  with  old  States,  but  might 
be  subjected  to  conditions  concerning  the  public  debt  then 
existing. 

Gouverneur  Morris  objected  to  this  equality,  with  only  the 
condition  respecting  the  public  debt.  He  did  not  wish  to  bind  the 
legislature  to  admit  Western  States  on  such  terms.  Mr.  Madi- 
son, Mr.  Mason,  and  Mr.  Sherman  thought  it  wise  to  make  them 
equals  and  not  degrade  them.  The  best  policy  was  to  treat  them 
as  friends,  not  enemies.  Mr.  Morris  admitted  it  was  impossible 
to  discourage  the  growth  of  the  West;  but  he  did  not  wish  to 
throw  the  power  into  their  hands.  Mr.  Langdon  and  Dr.  William- 
son would  have  the  legislature  free  to  act  according  to  circum- 
stances. Mr.  Morris's  motion  prevailed,  and  that  part  of  the 
clause  was  struck  out. 

Mr.  Morris  then  moved  to  make  the  article  read,  "  New  States 


SPECIAL  PROVISIONS  OF  THE   CONSTITUTION.  107 

may  be  admitted  by  the  legislature  into  the  Union  ;  but  no  new 
States  shall  be  erected  within  the  limits  of  any  of  the  present 
States,  without  the  consent  of  the  legislature  of  such  State,  as 
well  as  of  the  general  legislature."  The  first  clause  was  accepted 
unanimously ;  the  latter  clause  by  a  vote  of  six  States  to  five. 
There  arose  a  debate  upon  the  point  of  requiring  the  assent  of 
the  old  States  before  a  new  State,  formed  out  of  their  distant 
lands,  and  with  separate  interests,  could  be  admitted  ;  and  on  the 
question  of  admitting  Vermont,  which  had  received  pledges,  in- 
dependent of  the  consent  of  New  York.  Mr.  Dickinson  held  it 
improper  to  require  the  small  States  to  secure  the  large  ones  in 
their  extensive  claims  of  territory.  Mr.  Carroll  wanted  to  main- 
tain the  claim  of  the  United  States  to  the  "back-lands."  "Were 
the  States  to  be  cut  up  without  their  consent?"  suggested  Mr.  Rut- 
ledge.  Various  amendments  and  provisos  were  offered  to  meet 
objections,  and  voted  on,  and  the  subject  was  clouded  by  serious 
differences  of  opinion.  Mr.  Morris  proposed  a  substitute  which 
passed,  eight  States  to  three,  which  met  the  case  of  Vermont  and 
other  possible  cases,  by  employing  the  word  jurisdiction,  instead 
of  territory ;  and  there  was  added,  also  on  his  motion,  a  clause 
giving  Congress  power  to  dispose  of  and  make  all  needful 
rules  and  regulations  respecting  its  territory  and  property, 
substantially  as  now  found  in  Article  IV.,  Section  3,  of  the 
Constitution. 

Mr.  Morris  had  indulged  prejudices  and  fears  respecting 
"that  range  of  new  States  which  would  soon  be  formed  in  the 
West,"  and  wanted  "a  rule  of  representation  so  fixed  as  to 
secure  to  the  Atlantic  States  a  prevalence  in  the  national  coun- 
cils." Their  interests  would  be  different;  they  would  know  less 
of  the  public  interest ;  and,  "  in  particular,  will  be  little  scrupu- 
lous of  involving  the  community  in  wars,  the  burdens  and  opera- 
tions of  which  would  fall  chiefly  on  the  maritime  States."  There 
ought,  therefore,  to  be  provisions  "to  prevent  the  maritime 


IOS  THE  FORMATION  OF  THE  CONSTITUTION. 

States  from  being  hereafter  outvoted  by  them."  Mr.  Gorham 
had  expressed  similar  opinions  in  favor  of  "  dealing  out  the  right 
of  representation  in  safe  proportions  to  the  Western  States." 

Mr.  Gerry  also  would  turn  attention  "  to  the  dangers  appre- 
hended from  the  Western  States.  He  would  admit  them  on 
liberal  terms,  but  not  put  himself  in  their  hands.  They  would 
oppress  commerce  and  drain  wealth  into  the  Western  country. 
He  would  limit  the  number  to  be  admitted,  so  that  they  could 
never  outnumber  the  Atlantic  States.  He  proposed  to  limit  the 
number  of  representatives  in  the  first  branch  from  the  new 
States,  so  that  they  should  never  exceed  the  number  from  the 
old  States  which  should  accept  the  Constitution,  and  Mr.  King 
seconded  him.  Mr.  Sherman  thought  "  there  was  no  probability 
that  the  number  of  new  States  would  ever  exceed  that  of  the 
existing  States.  Besides,  we  are  providing  for  our  children  and 
our  grandchildren,  who  would  be  as  likely  to  be  citizens  of  new 
Western  States  as  of  the  old  States.  On  this  consideration 
alone  we  ought  to  make  no  such  discrimination  as  that  pro- 
posed." Mr.  Gerry  admitted  there  was  "a  rage  for  emigration 
from  the  Eastern  States  to  the  Western  country,  but  he  did  not 
wish  those  remaining  behind  to  be  at  the  mercy  of  the  emi- 
grants." His  motion  was  wisely  defeated  by  five  votes  against 
four,  with  Pennsylvania  divided. 

The  power  was  impliedly  left  in  Congress  to  impose  condi- 
tions on  the  admission  of  new  States  not  involving  their  equal 
representation  ;  but  it  has  never  been  harshly  used,  and  only 
applied  to  the  public  lands  and  Union  property,  for  which  they, 
in  turn,  have  been  well  compensated  out  of  the  public  land. 
The  injustice  now  is  more  often  seen  in  refusal  of  admission 
when  solicited  and  merited.  They  have  nullified  all  the  original 
fears  entertained  by  the  Atlantic  States  and  have  vastly  strength- 
ened the  Union. 


SPECIAL  PROVISIONS  OF  THE  CONSTITUTION.  109 

NATIONAL   CONTROL   OVER   STATES. 

In  the  Virginia  plan,  as  submitted  by  Governor  Randolph, 
appeared  the  following  provision :  that  the  national  legislature 
ought  to  be  empowered  "to  negative  all  laws  passed  by  the  several 
States  contravening,  in  the  opinion  of  the  national  legislature,  the 
Articles  of  Union,  or  any  treaty  subsisting  under  the  authority  of 
the  Union  ;  and  to  call  forth  the  force  of  the  Union  against  any 
member  of  the  Union  failing  to  fulfil  its  duty  under  the  Articles 
thereof." 

This  proposition  seemed  to  be  the  corollary  of  the  other 
which  immediately  preceded  it :  "  that  the  national  legislature 
ought  to  be  empowered  ...  to  legislate  in  all  cases  to  which 
the  separate  States  are  incompetent,  or  in  which  the  harmony 
of  the  United  States  may  be  interrupted  by  the  exercise  of 
individual  legislation."  Neither  Mr.  Pinckney  nor  Mr.  Rutledge, 
nor  Mr.  Randolph  himself  nor  Mr.  Madison,  liked  the  vagueness 
of  the  term  "incompetent."  They  all  wished  it  might  be  possi- 
ble to  enumerate  the  powers.  Nevertheless,  the  phrase  was 
adopted  by  a  vote  of  all  the  States  except  Connecticut,  which 
was  divided. 

On  the  right  to  negative  State  laws,  it  passed  without  even  a 
dissent,  upon  its  first  consideration. 

Upon  the  right  to  use  the  force  of  the  Union  against  de- 
linquent States,  Mr.  Madison  doubted  its  practicability  and 
justice  "when  applied  to  people  collectively  and  not  individ- 
ually." H.e  hoped  to  find  a  system  which  would  render  this 
resource  unnecessary ;  and  moved  a  postponement,  which  was 
agreed  to. 

The  right  to  negative  State  laws  came  up  again  a  few  days 
later,  when  Mr.  Pinckney  moved  to  make  the  clause  read,  "That 
the  national  legislature  shall  have  authority  to  negative  all  laws 
which  they  should  judge  to  be  improper."  He  said  that  "  the 


1 10  THE  FORMATION  OF  THE  CONSTITUTION. 

States  must  be  kept  in  due  subordination  to  the  nation  ;  that  this 
universal  negative  was  in  fact  the  corner-stone  of  an  efficient 
national  government."  Mr.  Madison  agreed  with  him.  Mr.  Gerry 
had  "  no  objection  to  authorize  a  negative  of  paper  money  and 
similar  measures,"  but  did  not  want  the  power  to  go  too  far. 
Mr.  Sherman  wanted  the  negative  to  be  denned.  Mr.  Wilson 
made  a  cogent  argument  for  the  clause,  reminding  the  Convention 
of  the  brotherly  self-abnegation  of  States  in  the  beginning  of  the 
Revolution,  when  they  would  say,  "  We  are  now  one  nation  of 
brethern, — we  must  bury  all  local  interests  and  distinctions. 
The  tables  at  length  began  to  turn,  jealousy  and  ambition  to 
display  themselves.  Each  endeavored  to  cut  a  slice  from  the 
common  loaf,  till  at  length  the  Confederation  became  frittered 
down  to  the  impotent  condition  in  which  it  now  stands.  It  is  the 
business  of  this  Convention  to  correct  its  vices,  especially  the 
want  of  an  effectual  control  in  the  whole  over  its  parts."  Mr. 
Bedford,  Mr.  Butler,  and  Dr.  Williamson  opposed  the  motion. 
It  was  defeated,  seven  States  to  three,  and  Delaware  divided. 

It  was  discussed  in  Convention  July  17,  when  Gouverneur 
Morris  thought  the  power  would  be  terrible  to  the  States,  and 
that  it  would  be  unnecessary  if  sufficient  powers  were  conferred 
on  the  general  government.  Mr.  Sherman  also  believed  it  un- 
necessary, as  the  courts  in  the  States  would  hold  invalid  any  law 
contravening  the  authority  of  the  Union.  Mr.  Martin  also  op- 
posed it,  but  Mr.  Madison  still  maintained  its  necessity  for  the 
preservation  of  harmony  in  the  Union,  and  was  supported  by 
Mr.  Pinckney.  The  clause  was  then  defeated  by  all  the  States 
against  only  Massachusetts,  Virginia,  and  North  Carolina ;  and  a 
substitute  was  unanimously  adopted,  declaring  the  laws  of  the 
Union  made  in  pursuance  of  its  articles,  and  the  treaties,  "to  be 
the  supreme  law  of  the  respective  States,"  and  binding  upon  their 
judiciary. 

On  the  23d  of  August  Mr.  Pinckney  renewed  the  effort  to 


SPECIAL  PROVISIONS  OF  THE   CONSTITUTION.  m 

establish  a  negative  on  State  laws,  and  was  supported  by  Mr. 
Broom,  of  Delaware,  Mr.  Madison,  Mr.  Wilson,  and  Mr.  Lang- 
don.  It  was  opposed  by  Messrs.  Sherman,  Ellsworth,  Mason, 
Gouverneur  Morris,  and  Rutledge.  The  latter  said,  "Will  any 
State  ever  agree  to  be  bound  hand  and  foot  in  this  manner? 
If  nothing  else,  this  alone  would  damn,  and  ought  to  damn,  the 
Constitution."  After  an  adverse  vote,  six  States  against  five, 
Mr.  Pinckney  withdrew  the  proposition,  and  the  effort  to  estab- 
lish this  right  in  Congress  was  abandoned.  The  controlling 
reasons  for  this  change  of  opinion  appear  to  have  been,  first, 
its  offensiveness  to  the  States  ;  second,  the  difficulty  in  execu- 
tion, whether  all  laws  must  be  sent  up  for  approval  or  sus- 
pended awaiting  Federal  decision,  or  other  manner  of  its  exer- 
cise ;  third,  and  chiefly,  that  it  was  unnecessary,  as  the  courts 
were  bound  to  obey  the  declared  and  admitted  supremacy  of 
national  Constitution,  laws,  and  treaties. 

The  other  clause,  authorizing  force  against  delinquent  States, 
disappeared  under  the  strong  objections  to  it  as  practically  sug- 
gesting internecine  war.  Having  adopted  the  plan  of  a  govern- 
ment acting  directly  on  the  people  and  ignoring  in  national 
affairs  the  separate  State  jurisdictions,  except  as  geographical 
divisions,  force  was  only  needed  for  individuals,  and  would  be 
thus  applied  to  all  the  components  of  a  State,  whose  corporate 
action  could  give  no  rights  or  justification  of  wrongs  against  the 
supreme  authority  of  the  Union.  The  whole  system  of  quotas 
and  requisitions  upon  States  being  abandoned,  the  necessity  to 
punish  State  delinquency  no  longer  existed.  For  the  United 
States,  become  independent  of  and  supreme  over  State  action 
for  federal  purposes,  there  remained  for  punishment  only  the 
individuals  offending.  To  this  end  the  foregoing  provision  was 
moderated  into  one  giving  Congress  authority  "  to  provide  for 
calling  forth  the  militia  to  execute  the  laws  of  the  Union,  sup- 
press insurrections,  and  repel  invasions." 


112  THE  FORMATION  OF  THE   CONSTITUTION. 

Thus  was  carried  out  the  original  and  gradually-developed 
scheme  of  a  supreme  government  which  went,  both  for  its 
authority  and  for  its  effects,  behind  State  constitutions  and  laws, 
and  in  its  operations  recognized  only  one  people  in  the  whole 
land  subject  to  its  jurisdiction.  If  a  corporate  State  even  organ- 
ized an  insurrection  against  the  United  States,  the  force  of  the 
Union  was  to  be  applied  to  all  the  individuals  entering  into  it, 
whether  State  officers  and  holding  State  commissions  or  simple 
volunteers.  All  would  be  equally  liable  to  punishment  as  offend- 
ing citizens  of  the  United  States  violating  their  supreme  alle- 
giance. 

THE   GUARANTEE  OF  A   REPUBLICAN    FORM   OF   GOVERNMENT   TO   THE 
STATES,  AND   THEIR   PROTECTION. 

The  eleventh  resolution  of  the  Virginia  scheme  contained  the 
proposition  that  the  national  government  should  guarantee  to  each 
State  its  territory  and  a  republican  form  of  government.  The 
guarantee  of  territory,  as  already  recited,  was  rejected  on  account 
of  the  uncertainty  of  its  extent  and  the  conflicting  claims  of 
States  and  of  the  United  States.  In  the  discussion  upon  it,  Mr. 
Read  added  the  reason  that  the  proposal  "  abetted  the  idea  of 
distinct  States,  which  would  be  a  perpetual  source  of  discord. 
The  only  cure  for  this  evil  was  in  doing  away  States  altogether, 
and  uniting  them  all  in  one  great  society." 

The  clause  was  first  passed  in  committee  with  an  amend- 
ment so  as  to  guarantee  "a  republican  constitution  and  its  ex- 
isting laws"  to  each  State.  When  it  came  up  for  discussion 
Gouverneur  Morris  assailed  the  guarantee  of  laws.  He  would  not 
have  "such  laws  as  exist  in  Rhode  Island  guaranteed."  It  was 
explained  that  the  object  was  "  merely  to  secure  the  States 
against  dangerous  commotions,  insurrections,  and  rebellions." 
Mr.  Mason  thought  that  without  this  right  "  the  general  govern- 
ment must  remain  a  passive  spectator  of  its  own  subversion," 


SPECIAL  PROVISIONS  OF  THE   CONSTITUTION.  113 

as  rebellions  against  the  United  States  would  originate  in  the 
individual  States.  Mr.  Houstoun  did  not  want  existing  State 
constitutions  guaranteed ;  some  of  them,  like  that  of  Georgia, 
were  bad. 

Mr.  Gorham  "  thought  it  strange  that  a  rebellion  should  be 
known  to  exist  in  the  empire,  and  the  general  government  have 
no  power  to  subdue  it.  An  enterprising  citizen  might  erect  the 
standard  of  monarchy  in  a  State,  gather  partisans  from  all  quar- 
ters, extend  his  views  from  State  to  State,  and  threaten  to  estab- 
lish a  tyranny  over  the  whole,  and  the  general  government  re- 
main an  inactive  witness  of  its  own  destruction."  A  war  of 
words  might  be  allowed  to  go  on,  but  upon  appeal  to  the  sword 
the  general  government  must  interpose,  however  difficult  it  may 
be.  Mr.  Carroll  thought  such  an  authority  ought  to  be  desired 
by  every  State.  It  was  doubtful  if  the  existing  Confederacy  had 
such  a  power.  After  some  further  debate,  Mr.  Wilson  moved  as 
a  substitute  that  "a  republican  form  of  government  shall  be 
guaranteed  to  each  State,  and  that  each  State  shall  be  protected 
against  foreign  and  domestic  violence."  This  was  accepted  on  all 
sides  and  adopted  unanimously,  and  in  that  form  it  went  to  the 
Committee  of  Detail. 

It  was  reported  by  them  with  the  last  clause  amended,  so  as  to 
confine  the  absolute  guarantee  to  cases  of  "foreign  invasion,"  and 
requiring  the  application  of  the  State  legislature  before  inter- 
vening "against  domestic  violence." 

When  this  report  was  taken  up  the  word  "foreign"  was 
struck  out  as  superfluous,  "invasion"  implying  it.  Mr.  Dickinson 
moved  to  strike  out  "on  application  of  its  legislature."  He 
thought  it  essential  to  the  general  tranquillity  that  the  United 
States  should  in  all  cases  suppress  domestic  violence ;  for  it 
might  proceed  even  from  the  legislature  itself,  or  from  disputes 
between  the  two  branches.  Mr.  Dayton  cited  the  case  of  Rhode 
Island  as  showing  the  necessity  for  giving  ample  power  to  the 

VOL.  I. — 1 6 


114  THE  FORMATION  OF  THE  CONSTITUTION. 

United  States.  But  on  vote  this  prior  application  was  retained, 
eight  States  to  three.  It  was  moved  to  substitute  "insurrec- 
tions" for  "domestic  violence,"  but  that  failed,  six  votes  to 
five.  On  motion  of  Mr.  Dickinson,  the  words  "or  executive" 
were  inserted  after  "legislature,"  so  that  action  might  be  taken 
on  his  application,  without  waiting  for  the  legislature.  This  was 
carried,  eight  States  to  two,  with  Maryland  divided.  Mr.  Martin 
would  confine  the  application  of  the  executive  to  the  recess  of 
the  legislature.  But  only  his  own  State  supported  him.  As  thus 
amended  the  guarantee  clause  was  passed  by  nine  States  against 
two.  It  was  afterwards  modified  by  inserting  after  the  word 
"executive"  the  parenthetical  clause,  "when  the  legislature  cannot 
be  convened." 

But,  in  order  to  understand  the  purposes  of  the  Convention 
in  thus  limiting  the  guarantee  against  domestic  violence  to  cases 
of  a  demand  for  protection  made  by  either  the  legislature  or  the 
governor  of  a  State,  attention  must  be  given  to  the  two  other 
powers  vested  in  Congress  by  the  Committee  of  Detail  in  the 
same  report:  "to  subdue  a  rebellion  in  any  State,  on  the  appli- 
cation of  its  legislature;"  and  "to  call  forth  the  aid  of  the  militia, 
in  order  to  execute  the  laws  of  the  Union,  enforce  treaties, 
suppress  insurrections,  and  repel  invasions." 

Of  these  two  provisions  the  latter  subsequently  assumed  the 
form  in  which  the  power  was  given  to  Congress :  "  to  provide  for 
calling  forth  the  militia  to  execute  the  laws  of  the  Union,  suppress 
insurrections,  and  repel  invasions,"  and  was  thus  unanimously 
adopted. 

When  the  other  power,  "to  subdue  rebellion,"  was  under 
discussion,  Mr.  Pinckney  and  Mr.  Morris  moved  to  strike  out  "  on 
the  application  of  its  legislature."  Mr.  Martin  opposed  it,  saying, 
"  The  consent  of  the  State  ought  to  precede  the  introduction  of 
any  extraneous  force  whatever."  It  was  proposed  to  extend  the 
application  to  the  governor.  Gouverneur  Morris  said,  "The 


SPECIAL  PROVISIONS  OF  THE   CONSTITUTION.  115 

executive  may  possibly  be  at  the  head  of  the  rebellion.  The 
general  government  should  enforce  obedience  in  all  cases  where 
it  may  be  necessary."  Mr.  Gerry  was  against  "letting  loose  the 
myrmidons  of  the  United  States  on  a  State,  without  its  own  con- 
sent." Mr.  Langdon  believed  that  the  apprehension  of  the  United 
States  force  would  have  a  useful  effect  in  preventing  insurrections. 
Gouverneur  Morris  remarked,  "  We  are  acting  a  very  strange  part. 
We  first  form  a  strong  man  to  protect  us,  and  at  the  same  time 
wish  to  tie  his  hands  behind  him.  The  general  legislature  may 
surely  be  trusted  with  such  a  power  to  preserve  the  public  tran- 
quillity." 

It  was  then  agreed  that  the  United  States  might  act  without 
the  State  legislature  when  it  could  not  meet,  by  five  States  to 
three,  with  two  divided.  On  motion  it  was  further  amended  by 
defining  the  "rebellion"  to  be  a  rebellion  against  the  State. 
"There  might  be  a  rebellion  against  the  United  States,"  said 
Mr.  Dickinson  and  Mr.  Madison.  This  provision  had  no  re- 
lation to  such  a  case.  The  whole  clause  as  amended  was  then 
rejected,  being  sustained  by  four  votes  against  four,  and  two 
absent. 

Upon  recurrence  to  the  question,  presented  in  connection  with 
the  clause  guaranteeing  a  republican  form  of  government  to  each 
State,  the  unconditional  protection  of  the  United  States  was  guar- 
anteed only  against  invasion ;  and  conditional  protection  against 
"domestic  violence,"  if  required  by  the  legislature,  or  by  the 
governor  when  the  legislature  cannot  be  convened. 

It  is  evident  that  this  last  protection  was  intended  exclusively 
for  the  cases  where  the  violence  was  directed  against  the  State 
action  or  authority,  and  by  its  own  citizens ;  and  therefore  the 
necessity  for  national  intervention  was  to  be  determined  by  that 
State  authority  which  was  offended  and  assailed.  If  the  violence 
was  offered  by  another  State,  or  a  foreign  country,  it  became 
"  invasion,"  and  not  "  domestic  violence ;"  and  then  the  guarantee 


1 1  6  THE  FORMA  TION  OF  THE   CONSTITUTION. 

of  the  protection  of  the  United  States  became  as  absolute  as  was 
the  guarantee  of  a  republican  form  of  government. 

For  the  rest,  for  the  case  of  illegal  or  violent  offences,  insur- 
rections, and  invasions,  directed  against  the  Union,  the  United 
States  was  its  own  absolute  judge  as  to  the  action  required,  and 
was  empowered  to  call  to  its  aid  the  militia  of  all  the  States. 
Power  to  this  end  was  inherent,  also,  under  the  general  powers 
to  provide  for  the  common  defence,  and  to  pass  all  necessary  laws 
to  give  effect  to  the  Constitution,  which  with  its  laws  covered  all 
the  territory  of  the  Union.  The  national  life  and  authority  given 
by  the  Constitution  could  be  defended  by  all  the  three  depart- 
ments which  it  established  for  that  express  purpose, — the  legis- 
lative, the  executive,  and  the  judicial ;  and  the  means  were  left 
to  its  own  discretion.  The  fourth  section  of  Article  IV.  was 
designed  to  enforce  and  regulate  its  duty  towards  a  State  of  the 
Union  only,  and  for  the  benefit  of  the  State  exclusively. 

MODE   OF   RATIFICATION   OF   THE   CONSTITUTION. 

When  the  subject  of  providing  State  conventions  for  the 
ratification  of  the  new  Constitution  was  before  the  Convention, 
as  found  in  the  Virginia  plan,  Mr.  Sherman  thought  popular 
ratification  unnecessary,  and  that  ratification  by  Congress  and 
the  State  legislatures  would  be  sufficient. 

Mr.  Madison,  on  the  contrary,  held  it  essential.  He  added, 
with  singular  foresight,  "  As  far  as  the  Articles  of  Union  were  to 
be  considered  as  a  treaty  only  of  a  particular  sort  among  the 
governments  of  independent  States,  the  doctrine  might  be  set 
up  that  a  breach  of  any  one  article  by  any  of  the  parties  ab- 
solved the  other  parties  from  the  whole  obligation."  He  there- 
fore wanted  the  ratification  "by  the  supreme  authority  of  the 
people  themselves." 

Mr.  Gerry  seemed  afraid  of  this  mode  for  the  Eastern  States, 
as  the  people  in  that  quarter  had  "  the  wildest  ideas  of  govern- 


SPECIAL  PROVISIONS  OF  THE   CONSTITUTION.  117 

ment  in  the  world.  They  were  for  abolishing  the  Senate  in 
Massachusetts  and  giving  all  the  other  powers  of  government 
to  the  other  branch  of  the  legislature."  Mr.  King  thought  the 
legislatures  likely  to  be  hostile  to  the  new  system,  as  they  would 
lose  power  by  its  adoption.  Mr.  Wilson,  with  characteristic 
clearness  of  perception,  desired  that  provision  should  be  made 
for  giving  effect  to  the  ratification  of  less  than  the  whole  number 
of  States,  so  that  the  government  could  be  established  by  the 
States  desiring  it,  leaving  the  door  open  to  the  others  to  enter. 
This  was  remembered  in  the  end,  though  received  in  silence  at 
the  time,  except  that  Mr.  Pinckney  hoped  that,  if  not  unanimous, 
nine  States  might  undertake  the  new  system.  Upon  taking  the 
vote  in  committee  on  this  question,  ratification  by  the  people 
was  sustained  by  the  votes  of  Massachusetts,  Pennsylvania,  Vir- 
ginia, North  Carolina,  South  Carolina,  and  Georgia  (6),  against 
New  York,  Connecticut,  New  Jersey  (3),  with  Maryland  and 
Delaware  divided. 

In  the  great  debate  which  followed  the  introduction  of  the 
New  Jersey  plan,  Mr.  Madison's  prime  objection  to  it  was  that 
"its  ratification  was  not  to  be  by  the  people  at  large.  It  could 
not,  therefore,  render  the  acts  of  Congress,  in  pursuance  of  their 
powers,  paramount  to  the  acts  of  the  States."  It  is  worthy  of 
note  that  the  tenacity  of  the  adherence  of  the  framers  of  the 
Constitution  to  this  point  of  ratification  by  the  people  arose  from 
their  determination  to  take  from  the  corporate  States  all  power, 
or  pretence  of  power,  to  nullify  or  control  national  legislation  by 
any  act  of  their  own  legislatures.  They  had  witnessed  this  nulli- 
fication in  the  ruin  of  the  Confederacy.  Constitutional  history 
can  be  correctly  read  only  in  the  light  of  this  fixed  resolution  of 
the  majority  of  the  Convention.  Rufus  King,  in  a  critical  debate 
upon  the  last  hope  of  compromise,  said  he  "  considered  the  pro- 
posed government  as  substantially  and  formally  a  general  and 
national  government  over  the  people  of  America.  There  will 


Il8  THE  FORMATION  OF  THE  CONSTITUTION. 

never  be  a  case  in  which  it  will  act  as  a  federal  government, — 
on  the  States,  and  not  on  the  individual  citizens." 

When  the  provision  came  up  in  Convention  on  the  report  of 
the  committee  of  the  whole,  Mr.  Ellsworth,  seconded  by  Mr. 
Paterson,  moved  its  ratification  by  the  State  legislatures.  Mr. 
Mason  opposed  them,  asserting  that  legislatures  were  not  sover- 
eign, they  were  creatures  of  the  constitution  of  the  State ;  and  no 
such  power,  in  some  States  certainly,  was  conferred  by  their 
constitutions.  "Whither,  then,  must  we  resort?  To  the  people, 
with  whom  all  power  remains  that  has  not  been  given  up  in  the 
constitutions  derived  from  them.  It  was  of  great  moment  that 
this  doctrine  should  be  cherished,  as  the  basis  of  free  govern- 
ment." If  referred  to  the  legislatures,  "  succeeding  legislatures, 
having  equal  authority,  could  undo  the  acts  of  their  predeces- 
sors." Mr.  Randolph,  Mr.  Gorham,  Dr.  Williamson,  Mr.  King, 
Mr.  Madison,  and  Gouverneur  Morris  opposed  the  motion  of  Mr. 
Ellsworth.  Mr.  Madison  especially  made  the  point  that  the  dif- 
ference "between  a  system  founded  on  the  legislatures  only  and 
one  founded  on  the  people  was  the  true  difference  between  a 
league  or  treaty  and  a  constitution."  He  added  that  judges 
might  decide  for  the  validity  of  a  law,  though  unwise  and  per- 
fidious, which  violated  a  treaty ;  but  a  law  violating  a  constitu- 
tion established  by  the  people  themselves  would  be  considered  by 
the  judges  as  null  and  void.  By  the  law  of  nations  a  breach  of 
one  article  of  a  treaty  releases  the  other  party  from  all  his  en- 
gagements. Under  a  constitution,  "the  nature  of  the  pact  has 
always  been  understood  to  exclude  such  an  interpretation."  The 
vote  was  then  taken,  and  the  proposed  ratification  by  the  legis- 
latures was  rejected  by  New  Hampshire,  Massachusetts,  Pennsyl- 
vania, Virginia,  North  Carolina,  South  Carolina,  and  Georgia 
(?)»  against  Connecticut,  Delaware,  and  Maryland  (3). 

Gouverneur  Morris  then  moved  there  should  be  one  general 
convention  for  its  consideration,  amendment,  and  establishment; 


SPECIAL  PROVISIONS   OF  THE   CONSTITUTION.  119 

but  he  found  no  support  in  this.  And  on  the  question  of  agree- 
ing to  the  clause  as  found  in  the  text,  it  was  carried  by  all  the 
States  against  Delaware  only.  This  debate  and  decision  occurred 
on  the  23d  of  July. 

On  the  3  ist  of  August,  Gouverneur  Morris  was  induced  to 
move  that  the  choice  of  mode  of  ratification  be  left  to  the  States. 
After  a  debate,  in  which  his  opponents  insiste'd  upon  this  resort 
to  the  people,  "  to  first  principles,"  as  getting  over  all  difficulties, 
the  motion  was  defeated  by  six  States  against  Connecticut,  Penn- 
sylvania, Maryland,  and  Delaware. 

The  number  of  States  required  to  ratify  it  in  order  to  give  it 
force  and  effect  between  them  was  then  considered,  and  it  was 
resolved  to  take  the  same  number  nine,  to  which  they  were 
already  accustomed  under  the  Confederacy,  as  giving  final  validity 
to  their  acts.  Maryland  alone  supported  the  motion  to  make  the 
number  thirteen ;  Messrs.  Madison,  Wilson,  and  Clymer  desired 
valid  ratification  by  any  seven  or  more  States,  which  should  em- 
brace a  majority  of  the  people,  and  of  representatives  in  the  first 
branch  of  Congress.  Mr.  Sherman  proposed  ten  States,  but  this 
was  supported  only  by  four  votes.  The  number  nine  was 
accepted  by  eight  votes  to  three ;  and  the  article  was  then  agreed 
to  by  all  the  States  except  Maryland,  whose  delegates  were 
embarrassed  by  a  clause  in  their  State  constitution. 

After  long,  fundamental,  and  exhaustive  debates,  it  had  been 
repeatedly  decided  that  this  should  not  be  a  treaty,  a  league,  or  a 
confederacy  between  States ;  and  as  often  decided  that  it  should 
be  a  constitution  of  the  people,  organizing  them  into  one  common 
and  general  government  for  general  affairs,  wholly  independent 
of  and  superior  to  State  governments.  Mr.  Wilson  as  early  as 
June  20  had  declared  his  opinion  that,  "in  spite  of  every  pre- 
caution, the  general  government  would  be  in  perpetual  danger 
of  encroachments  from  the  State  governments."  Mr.  Madison 
had  followed  him  with  the  double  statement  that  "  there  was  less 


I  20  THE  FORMA  TION  OF  THE   CONSTITUTION. 

danger  of  encroachment  from  the  general  government  than  from 
the  State  governments ;  and,  further,  that  the  mischief  from  en- 
croachments would  be  less  fatal  if  made  by  the  former  than  if 
made  by  the  latter.  All  the  examples  of  other  confederacies 
prove  the  greater  tendencies  in  such  systems  to  anarchy  than  to 
tyranny;  to  disobedience  of  the  members  than  usurpations  of 
the  federal  head.  Our  own  experience  had  fully  illustrated  this 
tendency."  "  The  people  would  not  be  less  free  as  members  of 
one  great  republic  than  as  members  of  thirteen  small  ones.  A 
citizen  of  Delaware  was  not  more  free  than  a  citizen  of  Virginia ; 
nor  would  either  be  more  free  than  a  citizen  of  America.  Sup- 
posing, therefore,  a  tendency  in  the  general  government  to  absorb 
the  State  governments,  no  fatal  consequence  could  result." 

With  great  difficulty  the  members  of  the  Convention  emerged 
from  their  narrower  views,  as  citizens  of  a  colonial  circumscription, 
into  the  greater  light  and  liberty  of  citizens  of  a  great  republic, 
destined  to  such  historic  grandeur  that  none  in  presence  of  it 
should  longer  boast  of  his  local  attachments,  but  should  rather 
announce,  with  Roman  pride,  that  he  was  an  AMERICAN  CITIZEN. 

OATHS   BY  STATE  OFFICERS  TO   SUPPORT  THE  CONSTITUTION. 

One  important  provision  of  the  plan  introduced  by  Mr. 
Randolph  was  that  which  "  Resolved,  that  the  legislative,  execu- 
tive, and  judiciary  powers  within  the  several  States  ought  to  be 
bound  by  oath  to  support  the  Articles  of  Union."  It  provoked 
objections  upon  its  first  consideration,  and  was  postponed.  Upon 
its  recurrence,  Mr.  Sherman  declared  against  it,  as  "  an  intrusion 
into  the  State  jurisdiction."  Mr.  Gerry  suggested  there  was  as 
much  reason  for  requiring  an  oath  of  fidelity  to  the  States  from 
national  officers  as  vice  versa.  Luther  Martin  moved  to  strike  it 
out  Evidently  there  still  lingered  the  idea  that  they  were  only 
creating  a  subordinate — at  most  another  equal — State,  and  not  a 
superior. 


SPECIAL  PROVISIONS  OF  THE  CONSTITUTION.  121 

Mr.  Randolph  sustained  it,  as  necessary  to  prevent  com- 
petition between  the  national  and  State  constitutions  and  laws. 
"The  national  authority  needs  every  support  we  can  give  it. 
Unless  the  State  executive  and  judiciary  be  brought  under 
some  tie  to  the  national  system,  they  will  always  lean  too  much 
to  the  State  systems  whenever  a  contest  arises  between  the 
two." 

Connecticut,  New  Jersey,  Delaware,  and  Maryland  (4)  voted 
to  strike  it  out ;  all  the  other  States  (7)  sustained  the  provision. 
Upon  the  question  of  adopting  the  resolution  itself,  New  York 
joined  the  four  States  in  the  minority,  the  vote  in  its  favor  stand- 
ing six  to  five ;  and  it  was  favorably  reported  to  the  Convention. 
When  it  was  again  reached,  Mr.  Gerry's  opinion  was  changed. 
He  thought  at  least  "one  good  effect  would  be  produced  by 
it.  Hitherto,  the  officers  of  the  two  governments  had  consid- 
ered them  as  distinct  from,  and  not  as  parts  of,  the  general 
system ;  and  had,  in  all  cases  of  interference,  given  a  prefer- 
ence to  the  State  governments.  The  proposed  oath  will  cure 
that  error."  Progress  had  been  made  in  the  conception  of  a 
national  government.  The  resolution  was  adopted  without  further 
dissent. 

When  the  clause  was  reported  from  the  Committee  of  Detail, 
on  Mr.  Charles  Cotesworth  Pinckney's  motion  this  addition  was 
made :  "  but  no  religious  test  shall  ever  be  required  as  a  quali- 
fication to  any  office  or  public  trust  under  the  authority  of  the 
United  States;"  and  "affirmation"  was  permitted,  as  an  alterna- 
tive for  the  oath. 

After  the  report  by  the  Committee  of  Revision,  the  clause  was 
adopted  in  the  following  form :  "  The  senators  and  representatives 
before  mentioned,  and  the  members  of  the  several  State  legisla- 
tures, and  all  executive  and  judicial  officers,  both  of  the  United 
States  and  of  the  several  States,  shall  be  bound  by  oath,  or  affir- 
mation, to  support  this  Constitution ;  but  no  religious  test  shall 
VOL.  i.— 17 


122  THE  FORMATION  OF  THE  CONSTITUTION. 

ever  be  required  as  a  qualification  to  any  office  or  public  trust 
under  the  United  States."  A,s  if  to  add  to  its  significance  and 
force,  it  immediately  follows  the  clause  declaring  the  United  States 
Constitution,  laws,  and  treaties  "the  supreme  law  of  the  land." 
By  this  association  of  all  State  and  national  officers  in  one  uni- 
versal obligation,  the  entire  political  organism  of  every  State  was 
brought  into  submission  to  the  national  Constitution  and  govern- 
ment. It  was  the  sanction  of  an  indissoluble  allegiance  of  the 
States  to  the  nation,  throughout  the  whole  extent  of  legitimate 
national  jurisdiction. 

THE  SIGNATURE  AND  PUBLICATION  OF  THE  CONSTITUTION. 

On  Saturday,  September  15,  several  last  attempts  were  made 
to  amend  the  final  draft,  as  reported  by  the  Committee  of  Re- 
vision, in  respect  to  several  points  which  had  been  before  seriously 
debated.  It  was  especially  desired  to  amend  the  fifth  article, 
relating  to  future  amendments  of  the  Constitution.  Among 
others,  it  was  proposed  to  add  a  proviso,  "  that  no  State  shall, 
without  its  consent,  be  affected  in  its  internal  police,  or  deprived 
of  its  equal  suffrage  in  the  Senate."  This  was  rejected  by  all  the 
States  except  Connecticut,  New  Jersey,  and  Delaware.  Then  the 
amendment  was  offered  omitting  the  "internal  police"  clause, 
which  confined  it  to  the  preservation  of  equal  suffrage  in  the 
Senate ;  and  this  proviso  was  adopted. 

After  the  adoption  of  the  fifth  article,  the  question  was  put  by 
the  President,  Shall  the  Constitution  as  amended  be  adopted? 
It  was  a  solemn  moment ;  and  there  were  not  a  few  hesitating 
minds.  All  the  States  present,  eleven  in  number,  answered  in  the 
affirmative.  It  was  then  ordered  that  the  Constitution  should  be 
engrossed,  and  the  Convention  adjourned  until  Monday. 

The  intervening  Sunday  was  a  day  of  anxious  thought  and 
consultation.  It  was  deemed  of  great  importance  that  all  the 
delegates  present  should  sign  the  great  act,  that  it  might  go  to 


SPECIAL  PROVISIONS   OF  THE   CONSTITUTION.  123 

the  country  with  the  aspect  of  unanimity.  It  was  thought  best 
that  Dr.  Franklin,  the  venerable  and  wise  moderator  of  opin- 
ions, should  make  this  conciliatory  effort. 

On  the  morning  of  Monday,  the  lyth  of  September,  he  rose, 
and,  because  of  his  infirmity,  asked  Mr.  Wilson  to  read  the  ob- 
servations he  wished  to  offer.  After  a  temperate  and  patriotic 
appeal  for  unanimity,  he  proposed  a  form  which  simply  certified 
to  the  fact  of  record,  that  it  was  "done  in  Convention  by  the 
unanimous  consent  of  the  States  present." 

As  a  further  proffer  of  conciliation,  and  to  remove  one  objec- 
tion entertained  by  several  delegates,  Mr.  Gorham  moved  to  in- 
crease the  possible  number  of  representatives  in  the  first  branch 
of  Congress  to  one  for  thirty  thousand,  instead  of  the  ratio 
of  forty  thousand  inhabitants,  and  was  supported  by  Mr.  King 
and  Mr.  Carroll.  But,  most  powerful  influence  of  all,  General 
Washington,  before  putting  the  question,  and  with  a  modest 
apology  for  offering  any  remarks,  expressed  the  satisfaction  he 
would  experience  if  it  should  be  adopted.  His  voice  had  often 
been  heard  in  private  conversation  with  members  upon  the  great 
topics  discussed,  but  never  before  from  the  tribune,  and  now 
its  potency  was  felt  by  all.  The  amendment  was  accepted 
unanimously. 

The  Constitution  was  then  enrolled,  in  order  to  be  signed. 
The  certificate  preceding  the  signature  was  adopted  by  ten  States, 
against  South  Carolina  divided,  two  delegates  of  the  latter  State 
being  inclined  to  a  form  which  more  strongly  expressed  their 
consent  to  the  Constitution.  Mr.  Hamilton,  strongly  opposed  to 
the  instrument  as  not  giving  enough  power  to  the  national  gov- 
ernment, but  signing  it  individually  as  a  delegate  from  New  York, 
was  anxious  that  every  member  should  sign.  "Is  it  possible," 
said  he,  "  to  deliberate  between  anarchy  and  convulsion  on  one 
side,  and  the  chance  of  good  to  be  expected  from  the  plan  on  the 
other?"  But  no  appeal  could  convert  the  opposing  sentiments 


124 


THE  FORMATION  OF  THE   CONSTI 1UT1ON, 


of  Randolph,  Gerry,  and  Mason.  These  three  only,  of  all  who 
were  present,  refused  to  put  their  names  to  that  consecrated  roll, 
which  was  destined  to  a  glorious  immortality  of  remembrance 
among  their  countrymen,  and  to  be  the  eternal  signal  of  an  epoch 
in  the  civilization  of  mankind.  Happy  were  they  who  sacrificed 
local  prejudice  and  jealous  fears  to  the  welfare  of  the  greatest 
number;  for  they  secured  to  themselves  a  fame  for  which  kings 
might  well  exchange  their  crowns, — a  fame  which  shall  endure 
till  the  monuments  of  history  perish  from  the  earth. 

In  submitting  the  result  of  their  labors  to  the  Congress  of  the 
Confederation,  to  be  by  them  communicated  to  the  several  States, 
the  Convention  accompanied  it  with  a  letter,  which  briefly  re- 
counted the  difficulties  to  be  overcome,  and  their  hopes  of  the 
approval  of  their  action.  They  said: 

"It  is  obviously  impracticable,  in  the  Federal  government  of 
these  States,  to  secure  all  rights  of  independent  sovereignty  to 
each,  and  yet  provide  for  the  interest  and  safety  of  all.  Indi- 
viduals entering  into  society  must  give  up  a  share  of  liberty  to 
preserve  the  rest.  ...  In  all  our  deliberations  on  this  subject  we 
kept  steadily  in  our  view  that  which  appeared  to  us  the  greatest 
interest  of  every  true  American, — the  consolidation  of  the  Union, 
— in  which  is  involved  our  prosperity,  felicity,  safety,  perhaps  our 
national  existence." 

This  letter  was  approved  by  the  Convention,  signed  by  Wash- 
ington, and  with  the  Constitution  transmitted  to  the  Confederate 
Congress,  then  in  session  at  New  York 

On  the  2Oth  of  September  these  communications  were  re- 
ceived by  that  body,  and  for  the  first  time  published  to  the 
country.  The  Constitution  was  assailed  at  once  on  many  sides, 
and  for  the  very  reasons  which  had  been  so  fully  canvassed  and 
overcome  in  the  Convention.  From  the  Congressional  delegates 
of  Virginia  and  from  New  York  came  the  bitterest  hostility.  But 
Madison  soon  appeared  in  his  seat,  and  the  friends  of  the  Con- 


THE  ACTION  OF  THE  STATES  IN  RATIFICATION.  125 

stitution  joined  the  battle  with  courage  and  organization.  On  the 
28th  of  September  they  succeeded  in  carrying  a  resolution  trans- 
mitting the  documents  to  the  legislatures  of  the  several  States,  in 
order  to  be  submitted  to  conventions  in  the  manner  resolved  by 
the  national  Convention.  The  great  contest  was  then  trans- 
ferred to  the  separate  States,  where  its  fate  during  several 
anxious  months  was  suspended  in  a  doubtful  balance. 

X.— THE  ACTION   OF  THE   STATES   IN   RATIFICATION. 

THE  question  came  first  before  each  legislature  whether  they 
would  even  call  a  convention.  Second,  should  it  be  promptly 
called  or  deferred  to  await  the  action  of  other  States? 

Richard  Henry  Lee,  of  Virginia,  and  his  confederates  in  dif- 
ferent States  were  indefatigable  in  disseminating  hostile  views 
and  their  plans  for  the  defeat  of  the  Constitution  throughout  the 
Confederacy.  Against  them,  most  fortunately  for  the  country 
and  the  Union,  were  arrayed  its  equally  indefatigable  friends. 
Hamilton,  Madison,  and  Jay  contributed  those  remarkable  and 
historical  commentaries  on  the  proposed  Constitution  known  as 
"The  Federalist,"  and  now  preserved  as  part  of  the  history  of 
the  nation.  The  entire  press  of  the  country  was  engaged  on 
the  two  sides.  The  courage  and  violence  of  assault  on  one  side 
were  met  and  resisted  by  an  equal  bravery  and  resolution  in 
defence.  Above  all  leaders  on  either  side  rose  the  great  and 
revered  figure  of  Washington,  who,  from  his  retreat  at  Mount 
Vernon,  expressed  his  patriotic  hopes  and  wishes  in  numerous 
communications,  which  reached  and  influenced  the  controlling 
characters  in  many  States.  The  cry  of  the  nationalists  was, 
"Union  or  dissolution, — the  Constitution  or  anarchy."  The  dis- 
cussion went  on  in  every  corner  of  the  various  States,  in  private 
conversation  as  well  as  in  public  assemblies.  The  inimical  effort 
was  made  in  several  of  the  States  to  declare  the  ratification  con- 


126  THE  FORMATION  OF  THE  CONSTITUTION. 

ditional  upon  amendments  to  be  adopted;  but  Madison  gave 
the  opinion  that  such  action  could  not  be  construed  as  a  ratifi- 
cation. It  must  be  unconditional  or  the  State  could  not  be  in- 
cluded in  the  Union.  The  influence  of  Monroe — fortunately,  a 
much  weaker  character  than  Madison — was  cast  against  the  Con- 
stitution. Jefferson,  from  beyond  the  seas,  proposed  a  cunning 
measure  of  opposition  that  came  near  proving  fatal  to  a  com- 
plete union.  He  recommended  the  adoption  of  the  Constitution 
by  nine  States  in  order  to  bring  it  into  existence,  the  others 
standing  out  until  proposed  amendments  should  be  adopted. 
This  evil  counsel  produced  bad  fruits,  but  they  fortunately  failed 
to  ripen  into  the  threatened  results. 

Delaware,  least  of  the  sisterhood,  was  first  to  decide.  With 
joy  and  with  unanimity  her  voice  was  given  for  ratification  on 
December  7,  1787. 

Pennsylvania  was  but  little  later.  Her  convention  was  earlier 
in  session,  but,  thwarted  by  a  resolute  minority,  the  debate  was 
prolonged  and  her  action  delayed.  On  the  1 1  th  of  December, 
Wilson,  still  the  strong  champion  of  the  new  Union,  declared, 
"  This  system  is  not  a  compact ;  I  cannot  discern  the  least  trace 
of  a  compact ;  the  introduction  to  the  work  is  not  an  unmeaning 
flourish.  The  system  itself  tells  you  what  it  is, — an  ordinance,  an 
establishment  of  the  people."  By  a  vote  of  forty-six  to  twenty- 
three  Pennsylvania  ratified  the  Constitution  on  the  1 2th  of  De- 
cember, 1787. 

New  Jersey  next,  and  only  later  by  a  day,  gave  her  ratification 
to  the  Constitution  "and  every  part  thereof,"  with  unanimity  of 
voices,  on  December  13,  1787. 

Georgia  began  the  new  year  with  her  unanimous  assent,  given 
on  the  2d  of  January,  1 788. 

Next  came  Connecticut,  whose  statesmen  had  done  so  much 
to  build  the  new  edifice,  and  whose  judge,  the  learned  Johnson, 
had  presided  over  its  final  grace  of  form.  By  a  vote  of  one 


THE  ACTION  OF  THE  STATES  IN  RATIFICATION.  127 

hundred  and  twenty-eight  to  forty  this  State  gave  her  adherence 
to  the  new  plan  of  government  on  January  9,  1788. 

Friends  and  enemies  alike  now  fixed  their  eyes  on  Massachu- 
setts, the  State  next  to  Virginia  the  most  important  of  those  whose 
action  was  awaited.  Her  delegate,  Elbridge  Gerry,  had  refused 
to  sign,  and  had  made  public  his  reasons  therefor.  He  was  de- 
feated for  the  State  convention  by  his  townsmen.  But  elsewhere 
strong  opponents  of  the  new  government  were  elected,  and  a 
count  showed  its  friends  to  be  in  a  minority.  By  wisdom  in 
action,  by  reason  in  debate,  and  chiefly  by  personal  influence  and 
solicitation,  enough  votes  were  won  over  in  the  end  to  secure  an 
approval  of  the  Constitution  by  a  vote  of  one  hundred  and  eighty- 
seven  to  one  hundred  and  sixty-eight.  Massachusetts,  after  a 
hard,  long,  and  doubtful  struggle,  thus  brightened  the  hopes  of 
patriotic  Virginians  on  February  6,  1788. 

Maryland  lay  too  near  Virginia  to  escape  the  infection  of  the 
hostility  developed  in  that  State  by  Richard  Henry  Lee,  Patrick 
Henry,  and  other  dissidents.  But  on  the  great  question  her 
people  were  sound  in  most  of  the  counties.  The  number  elected 
of  enemies  of  the  new  Union  was  not  large,  but  their  opposition 
was  very  bitter.  Her  convention  gave  its  approval,  by  a  vote  of 
sixty-three  to  eleven,  on  the  26th  of  April,  1788. 

In  South  Carolina  the  seeds  of  Virginia  discontent,  and  of  a 
possible  Southern  confederacy,  had  been  widely  sown.  The  fruit 
was  a  persistent  opposition  offered  by  several  leaders  of  public 
opinion.  After  ten  days  of  contest  for  defeat  or  postponement 
of  the  ratification,  the  friends  of  the  Constitution  carried  the  day, 
by  a  vote  of  one  hundred  and  forty-nine  to  seventy-three,  on  the 
23d  of  May,  1788. 

One  State  more,  and  the  new  government  could  be  inaugu- 
rated !  New  Hampshire  had  modestly  awaited  the  action  of 
larger  States.  Now  the  ambition  of  her  unionists  was  to  sig- 
nalize their  State  by  completing  the  sanction  of  the  Constitution. 


128  THE  FORMATION  OF  THE  CONSTITUTION. 

This  was  done  while  the  debate  was  still  prolonged  in  the  Vir- 
ginia Convention ;  and  New  Hampshire  became  the  ninth  State, 
by  a  vote  of  fifty-seven  to  forty-six,  on  June  21,  1788. 

In  Virginia  there  was  a  contest  of  the  greatest  obstinacy,  with 
few,  if  any  neutrals.  Henry,  Grayson,  and  Mason  led  the  hostile 
forces.  Madison,  Pendleton,  Marshall,  and  Randolph  (now  recon- 
ciled) confronted  them  at  every  point  in  defence  of  the  Consti- 
tution. Patrick  Henry  sounded  the  trumpet  of  State  sovereignty 
with  the  cry,  "The  Constitution  is  the  severance  of  the  Confed- 
eracy. Its  language,  'we,  the  people/  is  the  institution  of  one 
great  consolidated  national  government  of  the  people  of  all  the 
^States,  instead  of  a  government  by  compact  with  the  States  for 
its  agents."  Pendleton  rallied  the  unionists  to  the  cry,  "Who 
but  the  people  can  delegate  powers,  or  have  a  right  to  form 
government?  There  is  no  quarrel  between  government  and 
liberty :  the  former  is  the  shield  and  protector  of  the  latter.  The 
question  must  be  between  this  government  and  the  Confedera- 
tion, which  is  no  government  at  all.  This  is  to  be  a  government 
of  laws,  and  not  of  men."  From  the  second  day  of  June  the  war 
was  waged  at  Richmond  with  alternate  hopes  and  fears.  Finally, 
having  by  her  delay  yielded  to  New  Hampshire  the  honor  of  that 
conclusive  sanction  which  the  ninth  State  could  give  to  the  new 
Union  which  she  herself  initiated,  Virginia,  by  a  vote  of  eighty- 
nine  to  seventy-nine,  ratified  it,  being  the  tenth  State,  on  June  25, 
1788. 

The  friends  of  the  Constitution  awaited  the  action  of  the  re- 
maining States  with  less  anxiety,  now  that  the  three  outstanding 
States  were  wholly  separated  from  each  other,  and  would  be 
powerless  against  the  Union,  whether  single  or  confederated. 
The  convention  of  New  York  met  while  that  of  Virginia  was 
still  in  the  throes  of  the  great  debate.  There  had  been  a  certain 
concert  of  action,  through  Richard  Henry  Lee  and  Governor 
Clinton,  of  the  enemies  of  the  Union  in  the  two  States.  Clinton 


THE  ACTION  OF  THE  STATES  IN  RATIFICATION.  129 

organized  and  led  them  in  the  convention,  and  was  chosen  its 
president,  and  had  the  aid  of  the  two  seceders,  Yates  and  Lansing. 
The  friends  of  the  Constitution  had  the  benefit  of  the  great  ability 
of  Hamilton,  Jay,  and  Chancellor  Livingston.  On  the  eighth  day 
of  their  session  the  news  arrived  that  New  Hampshire  had  given 
the  requisite  vitality  to  the  Constitution.  Nine  days  later  came 
the  report  that  Virginia  had  joined  the  Union.  The  courage  of 
the  anti-unionists,  who  formed  the  majority,  was  broken.  They 
sought  a  dignified  retreat,  as  in  Virginia  and  Massachusetts, 
through  propositions  of  future  amendment.  One  of  them  even 
proposed  to  ratify,  reserving  the  right  to  secede  if  the  amend- 
ments should  fail.  Against  this  Hamilton  spoke  with  such  force 
that  the  mover  himself  abandoned  it.  But  Lansing  in  substance 
renewed  it.  Then  Hamilton  read  the  opinion  of  Madison,  just 
received,  that  such  a  condition  would  vitiate  the  ratification, 
affirming  that  "  the  Constitution  requires  an  adoption  in  toto,  and 
forever"  thus  early  crushing  the  theory  of  secession.  Then  the 
conditional  propositions  came  to  an  end,  and  a  legal  form  of  rati- 
fication was  agreed  to  (there  being  some  absentees),  by  a  vote  of 
thirty  to  twenty-seven,  on  July  26,  1788. 

There  remained  North  Carolina,  which  had  in  August,  1778, 
refused  to  ratify  prior  to  amendment.  She  gave  up  her  oppo- 
sition to  the  Constitution  only  after  the  organization  of  the  new 
government,  dating  its  ratification  from  the  2ist  of  November, 
1789.  Rhode  Island  lingered  without  until  May  29,  1790. 

At  last  the  sun  was  risen  in  the  heavens,  the  clouds  were 
dissipated,  and  all  the  planets  were  moving  in  their  respective 
orbits,  their  centrifugal  impulses  balanced  by  the  attractive  bonds 
of  the  powerful  central  luminary,  which  shed  upon  them  light 
and  warmth  and  force. 

VOL.  I. — 18 


130 


THE  FORMATION  OF  THE   CONSTITUTION. 


XL— SEQUEL   OF  AMENDMENTS. 

TIME  was  required  for  both  States  and  people  to  adjust  their 
opinions  and  their  affairs  to  the  new  institutions  of  government. 
The  majority  in  some  of  the  conventions  had  not  been  fully  con- 
vinced either  as  to  the  extent  of  the  powers  surrendered  by 
the  States  and  acquired  by  Congress  and  the  Judiciary  or  of  the 
security  of  each  State  and  its  citizens  in  the  exercise  of  rights 
not  conceded  to  the  Union.  Sources  of  revenue  hitherto  en- 
joyed by  the  States  were  to  be  given  up,  and  new  sources  must 
be  found.  What  new  laws  would  be  passed  by  this  new  legis- 
lature in  which  the  citizens  of  each  State  had  so  small  a  share 
of  authority  ?  How  should  they  grow  to  recognize  other  States 
as  their  sisters  and  their  citizens  as  brothers  ?  How  soon  would 
selfishness  give  way  to  equality  and  fraternity  ?  Would  the  habit 
of  affection  for  one's  own  State  ever  permit  the  growth  of  a 
superior  affection  for  the  union  of  all  the  States  ?  Which  of 
the  two  forces,  centrifugal  or  centripetal,  was  destined  to  pre- 
dominate in  the  future?  The  azure  sky  of  patriotic  hope  was 
not  without  its  auguries  of  fear. 

The  action  of  the  conventions  of  such  important  States  as 
Massachusetts,  Virginia,  and  New  York  in  recommending  certain 
amendments  to  the  new  Constitution,  which  had  also  the  con- 
currence of  other  States,  rendered  their  early  consideration  de- 
sirable in  the  interest  of  harmony  and  contentment  among  the 
people,  now  directly  charged  with  the  national  government. 

The  first  national  Congress,  therefore,  proposed  to  the  sev- 
eral States  twelve  amendments  to  the  Constitution,  covering  the 
points  appearing  to  be  most  reasonably  insisted  upon  by  the 
States.  The  first  of  these  proposed  to  control  in  a  different 
manner  the  number  of  representatives  in  the  first  branch  of 
Congress.  The  second  proposed  that  no  law  varying  the  com- 
pensation of  senators  and  representatives  should  have  effect 


SEQUEL   OF  AMENDMENTS. 

until  after  a  succeeding  election.  Neither  of  these  was  ratified 
by  a  sufficient  number  of  States  to  give  it  validity. 

The  remaining  amendments,  being  now  the  first  ten  articles 
of  amendment  appended  to  the  Constitution,  and  held  to  be 
limitations  upon  possible  claims  of  power  by  the  national  govern- 
ment, were  ratified  by  ten  States.  No  returns  were  made  by  the 
States  of  Massachusetts,  Connecticut,  or  Georgia  of  their  action 
on  them. 

The  eleventh  article  of  amendment  was  proposed  at  the  first 
session  of  the  Third  Congress  (1793),  in  order  to  surely  exempt 
States  from  liability  to  suits  in  the  United  States  courts  brought 
by  citizens  of  any  other  State,  or  by  foreigners.  The  returns  of 
State  action  upon  this  subject  were  so  dilatory  that  Congress 
passed  a  resolution  in  March,  1797,  requesting  the  President  to 
communicate  with  the  eight  outstanding  States  on  the  subject. 
From  the  message  of  President  Adams  (January,  1798)  it  appears 
that  twelve  of  the  sixteen  States  had  at  that  time  certified  their 
ratification,  which  established  the  validity  of  the  amendment. 
New  Jersey  and  Pennsylvania  refused  their  ratification,  while 
South  Carolina  and  Tennessee  had  not  acted  upon  it. 

The  twelfth  amendment,  establishing  the  present  mode  of 
electing  the  President  and  Vice-President,  was  proposed  at  the 
first  session  of  the  Eighth  Congress  (1803),  and  was  declared 
adopted  in  September,  1804,  by  the  votes  of  thirteen  out  of 
seventeen  States,  being  three-fourths  thereof. 

The  thirteenth,  fourteenth,  and  fifteenth  amendments  had  their 
origin  in  questions  arising  from  the  late  war  of  secession.  The 
thirteenth  had  for  its  object  the  perpetual  abolition  of  slavery. 
The  fourteenth  established  the  equality  of  citizenship  in  all  the 
States,  and  prohibited  every  State  from  abridging  the  privileges 
of  citizens  of  the  United  States,  and  from  denying  to  them  the 
equal  protection  of  the  laws,  and  from  taking  life,  liberty,  or 
property  without  due  process  of  law.  It  also  provided  for  a 


132  THE  FORMATION  OF  THE  CONSTITUTION. 

reduction  of  representation  in  Congress  proportioned  to  the 
unjust  exclusion  of  any  class  of  citizens  from  the  right  of  voting; 
and  excluded  from  holding  office  under  the  United  States,  or  any 
State,  certain  classes  of  men  who  had  been  engaged  in  the  Re- 
bellion, unless  first  relieved  of  disability  by  a  vote  of  two-thirds 
of  each  branch  of  Congress.  It  further  provided  a  constitutional 
guarantee  of  the  validity  of  the  public  debt  of  the  United  States, 
and  prohibited  to  every  State,  as  well  as  to  the  United  States,  the 
assumption  of  any  debt  or  obligation  incurred  in  aid  of  insurrec- 
tion or  rebellion,  and  the  recognition  of  any  claim  for  slaves  lost 
or  emancipated.  The  fifteenth  prohibited  the  abridgment  or 
denial  of  the  right  to  vote  of  citizens  of  the  United  States  on 
account  of  race,  color,  or  previous  condition  of  servitude.  Full 
power  was  expressly  given  to  Congress  to  enforce  these  several 
amendments  by  legislation. 

All  these  last  articles  had  for  their  permanent  object  the 
establishment  of  universal  personal  liberty,  and  the  fundamental 
rights  of  citizenship  everywhere  within  the  Union.  The  ratifica- 
tion of  the  thirteenth  article  was  proposed  by  Congress  February 
i,  1865,  and  was  proclaimed  on  the  i8th  of  December,  1865  ;  of 
the  fourteenth  was  proposed  June  16,  1866,  and  proclaimed  on 
the  28th  of  July,  1868;  of  the  fifteenth  was  proposed  February 
27,  1869,  and  proclaimed  on  the  3Oth  of  March,  1870. 

The  foregoing  fifteen  articles  of  amendment  are  the  only 
modifications  of  the  work  finished  on  the  i7th  of  September, 
1787,  of  the  propriety  of  which,  time,  events,  and  argument  have 
convinced  the  American  people.  The  first  ten  articles  were  not 
so  much  amendments  of  constitutional  provisions  as  they  were  a 
declaration  of  ungranted  rights  which  the  national  government 
did  not  claim.  The  eleventh  settled  in  favor  of  the  States  a  ques- 
tion of  their  suability  in  court  which  had  been  debatable.  The 
tide  of  constitutional  opinion  had  thus  far  flowed  towards  the 
rights  of  the  States,  and  they  were  satisfied. 


SEQUEL    OF  AMENDMENTS.  133 

In  later  years,  some  of  the  States  began  to  assert  rights  of 
separate  and  final  judgment  against  the  supremacy  of  acts  of 
Congress  and  the  courts,  which  were  inconsistent  with  the  in- 
tention of  the  Constitution  and  of  its  founders.  The  tide  of 
public  opinion  turned  with  the  exposure  of  the  new  dangers 
threatening  national  institutions,  and  flowed  strongly  towards  the 
further  protection  of  that  Union  which,  as  Madison  had  advised 
New  York,  was  indissoluble.  Under  this  impulse  the  last  three 
articles  were  adopted,  in  order  to  put  new  powers  into  the  hands 
of  the  common  government,  and  to  place  the  most  important 
rights  of  personal  liberty  and  of  American  citizenship  under  the 
protection  of  the  national  shield.  This  was  a  work  impossible  to 
the  fathers  by  reason  of  slavery ;  and  was  only  accomplished  by 
their  descendants  at  the  cost  of  vast  treasure  and  richer  blood. 

The  passing  generation  of  men  may  therefore  proudly  claim 
to  have  added  something  to  the  rich  legacy  which  our  ancestors 
bequeathed  a  hundred  years  ago.  Let  us  hope  that  as  century 
shall  follow  century  into  the  unmeasured  flood  of  time,  the  un- 
counted millions  who  shall  inherit  this  Western  World  will  main- 
tain their  allegiance  to  the  Constitution  and  Union  with  equal  zeal, 
and  with  all  the  support  of  heart  and  tongue  and  sword. 

"Thy  sun  is  risen,  and  shall  not  set 

Upon  thy  day  divine ! 
Ages  of  unborn  ages  yet, 
America,  are  thine!" 


INDEPENDENCE  HALL. 

(EXTERIOR.) 


BIOGRAPHIES 


OF    THE 


MEMBERS  OF  THE  FEDERAL  CONVENTION. 


BY    HAMPTON     I>.    CARSON. 


BY  the  foregoing  sketch  it  has  been  shown  that  the  iyth  of 
September  marked  a  most  momentous  epoch  in  the  history  of  the 
American  people,  as  well  as  in  the  annals  of  mankind.  It  is  the 
day  on  which  the  Convention  completed  its  work  and  committed 
to  the  people  of  the  States  for  their  approval  that  great  charter  of 
government  now  known  and  honored  everywhere  as  the  Consti- 
tution of  the  United  States. 

The  Convention  met  in  the  old  State  House  in  Philadelphia,  in 
the  same  chamber  in  which  the  immortal  Congress  of  1776  had 
assembled.  Thus  Independence  Hall  is  doubly  sanctified.  A 
claim  has  been  made  in  favor  of  the  Hall  of  the  Carpenters' 
Company,  based  upon  the  resolution  upon  the  Minutes  of  that 
venerable  body,  offering  the  use  of  their  Hall  for  the  purposes  of 
the  Convention  ;  but  this  claim  is  unsupported  by  evidence  that 
the  offer  was  ever  accepted,  and  is  effectually  exploded  by  the 
Journal  of  the  Federal  Convention,  which  succinctly  states,  "at 
the  State  House ;"  by  the  evidence  of  Benjamin  Franklin,  himself 
a  member  of  the  Convention,  who  states,  in  a  letter  written  to  his 
sister,  that  his  health  had  been  much  benefited  by  his  daily  walks 
to  and  from  the  "State  House,"  while  attending  to  his  duties  ;  and 

135 


,36  BIOGRAPHIES  OF  THE  MEMBERS 

by  the  Diary  of  Washington  ;  while  the  room  itself  is  identified, 
as  well  as  the  building,  by  the  Journal  of  the  Legislative  Assembly 
of  Pennsylvania,  which  shows  that  the  legislature  adjourned  to  an 
"upper  room,"  because  their  chamber  was  occupied  by  the  Federal 
Convention. 

In  speaking  of  the  ability  and  high  character  of  the  Con- 
vention, the  distinguished  Chancellor  Kent,  of  New  York,  has 
said:  " This  was  a  crisis  most  solemn  and  eventful  in  respect  to 
our  future  fortune  and  prosperity.  All  the  fruits  of  the  Revolu- 
tion, and  perhaps  the  final  destiny  of  republican  government, 
were  staked  on  the  experiment  which  was  then  to  be  made  to 
reform  the  system  of  our  national  compact.  Happily  for  this 
country,  and  probably  as  auspiciously  for  the  general  liberties  of 
mankind,  the  Convention  combined  a  very  rare  union  of  the  best 
talents,  experience,  information,  patriotism,  probity,  and  character 
which  the  country  afforded ;  and  it  commanded  that  universal  public 
confidence  which  such  qualifications  were  calculated  to  inspire." 
Mr.  Curtis,  in  his  "  History  of  the  Constitution,"  says  :  "  There  was 
certainly  a  remarkable  amount  of  talent  and  intellectual  power  in 
that  body.  There  were  men  in  that  assembly,  whom,  for  genius 
in  statesmanship,  and  for  profound  speculation  in  all  that  relates  to 
the  science  of  government,  the  world  has  never  seen  overmatched. 
And  the  same  men  who  were  most  conspicuous  for  these  brilliant 
gifts  and  acquirements,  for  their  profound  theories  and  their  acute 
perception  of  principles,  were  happily  the  most  marked  in  that 
assembly  for  their  comprehensive  patriotism,  their  justice,  their 
unselfishness,  and  magnanimity."  In  the  judgment  of  Mr.  Ban- 
croft the  Convention  was  the  ablest  known  to  American  history. 
It  embraced  men  who  had  distinguished  themselves  in  the  field  or 
in  the  council,  and  in  some  instances  in  both.  It  embraced,  too, 
all  those  peculiarities  of  thought  and  manner  which  characterized 
the  different  portions  of  the  country  from  which  the  members 
respectively  came.  The  impress  of  local  manners  was  plainly 


OF  THE  FEDERAL    CONVENTION.  137 

visible,  giving  a  fixed  distinction  to  individuals.  All  peculiarities 
of  thought  and  training  were  represented,  and  gave  color  and  sub- 
stance to  the  deliberations  of  the  assembly. 

MEMBERS    OF    THE    CONVENTION. 

The  following  is  a  complete  list  of  the  members  chosen  for 
the  Federal  Convention.  It  will  be  observed  that  the  list  con- 
tains the  names  of  eight  gentlemen  never  before  included.  The 
credit  of  the  discovery  that  the  list  hitherto  accepted  by  histo- 
rians was  incomplete  belongs  to  Paul  Leicester  Ford,  Esq.,  of 
Brooklyn,  N.  Y.,  to  whose  courtesy  we  are  indebted  for  the 
additions  now  made.  Mr.  Ford  says  that  in  1819,  when  John 
Quincy  Adams,  by  direction  of  Congress,  edited  and  published 
the  "Journal  of  the  Federal  Convention,"  he  drew  up  from  the 
commissions,  etc.,  filed  by  the  attending  delegates,  a  list  of  the 
members,  including  those  who  were  appointed  but  did  not  at- 
tend and  those  who  attended  but  did  not  sign  the  completed 
instrument,  making  in  all  a  list  of  sixty-five  names.  This  list 
was  accepted  and  republished  by  Elliot  in  his  "  Debates  on  the 
Federal  Constitution"  and  by  Curtis  in  his  "  History  of  the  Con- 
stitution," and  ever  since  has  been  acquiesced  in  by  students. 
By  reference,  however,  to  original  documents,  acts,  journals,  etc., 
Mr.  Ford  has  increased  the  list  to  seventy-three  names.  On 
the  authority  of  the  journals  of  the  Legislature  of  Maryland  the 
names  of  Robert  Hanson  Harrison,  Charles  Carroll,  of  Carroll- 
ton,  Thomas  Stone,  Thomas  Sim  Lee,  and  Gabriel  Duvall  are 
added  to  the  Maryland  delegation.  The  names  of  Richard 
Henry  Lee  and  Thomas  Nelson,  added  to  the  Virginia  delega- 
tion, rest  on  the  authority  of  a  manuscript  in  the  possession  of 
Mr.  Ford  and  the  Madison  correspondence  ;  while  the  acts  of 
South  Carolina  show  that  Henry  Laurens  should  be  added  to 
the  delegation  from  that  State.  None  of  these  gentlemen  ever 
accepted  their  appointments  or  acted  under  them.  Those  whose 

VOL.  I.— 19 


BIOGRAPHIES  OF  THE  MEMBERS 

names  are  printed  in  CAPITALS  took  their  seats  and  signed  the 
Constitution.  Those  whose  names  are  printed  in  italics  took  their 
seats,  but  refused  to  sign.  Those  whose  names  are  preceded  by 
an  asterisk  (*)  were  also  signers  of  the  Declaration  of  Indepen- 
dence. Those  whose  names  are  printed  in  SMALL  CAPITALS  took 
their  seats,  but,  not  being  present  on  the  last  day  of  the  Con- 
vention, failed  to  sign.  Those  whose  names  are  in  bold-faced 
type  withdrew  from  the  Convention,  because  they  thought  it  guilty 
of  exceeding  its  powers ;  and  those  whose  names  are  printed  in 
plain  Roman  type  never  accepted  their  positions  or  acted  in  any 
way : 

New  Hampshire.— JOHN  LANGDON,  John  Pickering,  NICHOLAS 
OILMAN,  Benjamin  West. 

Massachusetts. — Francis  Dana,  *Elbridge  Gerry,  NATHANIEL  GOR- 
HAM,  RUFUS  KING,  CALEB  STRONG. 

Connecticut.— WILLIAM  SAMUEL  JOHNSON,  *  ROGER  SHER- 
MAN, OLIVER  ELLSWORTH. 

New  York.— Robert  Yates,  ALEXANDER  HAMILTON,  John  Lan- 
sing. 

New  Jersey.— WILLIAM  LIVINGSTON,  DAVID  BREARLEY,  WIL- 
LIAM CHURCHILL  HOUSTON,  WILLIAM  PATERSON,  John  Neilson, 
*Abraham  Clark,  JONATHAN  DAYTON. 

Pennsylvania.— *  BENJAMIN  FRANKLIN,  THOMAS  MIFFLIN, 
*  ROBERT  MORRIS,  *  GEORGE  CLYMER,  THOMAS  FITZ- 
SIMONS,  JARED  INGERSOLL,  *JAMES  WILSON,  GOUVER- 
NEUR  MORRIS. 

Delaware.— *  GEORGE  READ,  GUNNING  BEDFORD,  JR.,  JOHN 
DICKINSON,  RICHARD  BASSETT,  JACOB  BROOM. 

Maryland.— JAMES  McHENRY,  DANIEL  OF  ST.  THOMAS  JENI- 
FER, DANIEL  CARROLL,  JOHN  FRANCIS  MERCER,  LUTHER  MAR- 
TIN, Robert  Hanson  Harrison,  Charles  Carroll,  of  Carrollton,  Thomas 
Stone,  Thomas  Sim  Lee,  Gabriel  Duvall. 


OF  THE  FEDERAL    CONVENTION.  139 

Virginia.—  GEORGE  WASHINGTON,  Patrick  Henry,  Edmund  Randolph, 

JOHN   BLAIR,  JAMES   MADISON,  JR.,  George  Mason,  *  GEORGE 

WYTHE,  JAMES  McCujRG,  Richard  Henry  Lee,  Thomas  Nelson. 
North  Carolina.  —  Richard  Caswell,  ALEXANDER  MARTIN,  WILLIAM  RICH- 

ARDSON   DAVIE,   WILLIAM    BLOUNT,   Willie    Jones,   RICHARD 

DOBBS   SPAIGHT,  HUGH  WILLIAMSON. 
South  Carolina.—  JOHN    RUTLEDGE,    CHARLES    COTESWORTH 

PINCKNEY,  CHARLES  PINCKNEY,  PIERCE  BUTLER,  Henry 

Laurens. 
Georgia.—  WILLIAM  FEW,  ABRAHAM  BALDWIN,  WILLIAM  PIERCE, 

*  George  Walton,  WILLIAM  HOUSTOUN,  Nathaniel  Pendleton. 

WILLIAM   JACKSON,  Secretary. 

The  order  in  which  the  following  biographies  occur  is  that 
in  which  the  names  of  the  signers  of  the  Constitution  were 
affixed.  For  the  accompanying  illustrations  we  are  largely  in- 
debted to  Dr.  Thomas  Addis  Emmet,  the  distinguished  physi- 
cian and  well-known  collector,  of  New  York  City,  who  not  only 
placed  his  own  pictures  at  our  disposal,  and  unhesitatingly  opened 
to  us  sources  of  information  in  relation  to  originals  which  could 
have  been  reached  in  no  other  way  ;  but  by  his  graceful  courtesy 
in  expressing  his  desire  to  aid  in  our  work  has  deepened  our 
sense  of  obligation. 


WASHINGTON. 

GEORGE  WASHINGTON,  the  president  of  the  Federal  Conven- 
tion, and  its  most  illustrious  member,  was  born  at  Bridges  Creek, 
Westmoreland  County,  Va.,  February  22  (O.  S.  n),  1732,  and 
died,  in  the  sixty-eighth  year  of  his  age,  December  14,  1799.  He 
was  the  third  son  of  Augustine  Washington,  by  his  second  wife, 
Mary  Ball,  daughter  of  Colonel  Ball,  of  Lancaster  County,  Va.  He 
was  the  great-grandson  of  John  Washington,  a  gentleman  who  had 
emigrated  from  the  north  of  England  about  the  year  1657,  and 
settled  at  the  place  where  his  distinguished  descendant  was  born. 


I40  BIOGRAPHIES  OF  THE  MEMBERS 

An  orphan  at  the  age  of  ten  years,  he  inherited  the  paternal  resi- 
dence in  the  district  between  the  Potomac  and  the  Rappahannock, 
while  his  elder  half-brother,  Lawrence,  inherited  the  estate  subse- 
quently known  as  Mount  Vernon,  to  which,  some  years  afterwards, 
upon  the  extinction  of  the  family  of  Lawrence,  George  himself 
succeeded.  His  early  education  was  defective,  but  he  displayed 
a  fondness  for  mathematics.  For  a  time  his  inclinations  were 
towards  the  sea,  and  a  midshipman's  warrant  was  procured  for  him, 
but  owing  to  his  mother's  opposition  this  career  was  abandoned. 
Shortly  after,  at  the  age  of  sixteen,  he  was  appointed  surveyor  to 
the  large  estates  of  Lord  Fairfax,  and  gained  experience  which  in 
after  years  proved  invaluable.  At  nineteen  years  of  age  he  en- 
tered the  Virginia  militia,  with  the  rank  of  major.  The  next  year, 
after  a  trip  to  the  Barbadoes,  he  was  commissioned  by  Governor 
Dinwiddie  adjutant-general,  and  in  the  difficult  mission  of  demand- 
ing from  France  territory  claimed  by  Virginia  in  the  neighborhood 
of  Lake  Erie  rendered  important  service.  He  subsequently  be- 
came renowned  for  his  services  in  the  French  and  Indian  wars. 
In  1755  he  was  with  Braddock  upon  the  fatal  field  of  Fort  Du 
Quesne,  and  by  his  skill  and  coolness  saved  the  remnants  of  the 
English  army.  He  was  appointed  commander-in-chief  of  the  Vir- 
ginia forces,  and  rendered  important  service.  In  1758  he  resigned 
his  commission  and  became  a  member  of  the  legislature.  About 
this  time  he  married  Mrs.  Martha  Custis,  a  young  and  beautiful 
widow  of  wealth.  For  many  years  he  devoted  himself  to  agri- 
culture. When  British  oppression  provoked  the  colonies  to  resist- 
ance, Washington  was  sent  as  a  delegate  from  Virginia  to  the  first 
Continental  Congress,  which  met  in  Carpenters'  Hall,  Philadelphia, 
in  1774.  After  the  battles  at  Lexington  and  Concord,  Washing- 
ton was  chosen  unanimously  by  the  Congress  as  commander-in- 
chief  of  the  colonial  forces.  He  immediately  resigned  as  a  mem- 
ber of  Congress  and  accepted  his  new  office,  upon  the  iQth  of 
June,  1775,  on  the  express  condition  that  he  should  receive  no 


OF  THE  FEDERAL   CONVENTION.  141 

salary ;  and  for  eight  years  discharged  the  duties  of  his  arduous 
position  with  a  degree  of  fortitude,  skill,  patience,  ability,  and 
exalted  patriotism  which  won  for  him  the  unshaken  confidence  of 
Congress  and  his  countrymen  as  well  as  the  plaudits  of  mankind. 
Of  his  military  services  it  is  not  our  intention  to  speak.  They  are 
too  well  known  to  require  comment,  and  form  an  imperishable 
part  of  the  history  of  American  independence.  Although  bitterly 
assailed  by  intrigue,  calumny,  and  faction,  he  never  wavered  in  the 
performance  of  duty,  and  never  lost  the  affection  or  esteem  of  his 
countrymen.  On  December  23,  1783,  he  formally  resigned  his 
commission  and  withdrew  to  the  shades  of  private  life, — an  act  of 
patriotic  self-denial  which  has  been  termed  sublime.  During  the 
years  of  bankruptcy,  anarchy,  and  civil  paralysis,  which  preceded 
the  formation  of  a  more  lasting  Union,  he  constantly  urged  the 
establishment  of  a  stronger  national  government.  He  saw  the 
folly,  the  weakness,  and  the  insignificance  of  a  government  power- 
less to  enforce  its  decrees,  dependent  upon  the  discretion  of  thir- 
teen different  legislatures,  swayed  by  conflicting  interests,  and 
therefore  unable  to  provide  for  the  public  safety,  or  for  the  honor- 
able payment  of  the  national  debt.  He  clearly  saw  the  necessity 
for  a  government  which  could  command  the  obedience  of  individ- 

o 

uals  by  operating  directly  upon  them,  and  not  upon  sovereign 
States.  In  his  private  as  well  as  official  correspondence  during 
an  early  period  of  the  war,  in  his  last  words  to  his  officers  at  New- 
burgh,  in  his  speech  when  resigning  his  commission  at  Annapolis, 
and,  after  his  return  to  Mount  Vernon,  in  his  letters  to  Hamil- 
ton, Jefferson,  Mason,  and  Madison,  he  constantly  and  vigorously 
urged  the  idea  of  a  stronger  Union,  and  the  surrender  of  a  por- 
tion of  the  sovereignties  of  the  States.  When  the  Federal  Con- 
vention was  determined  on,  it  was  natural  as  well  as  appropriate 
that  he  should  be  selected  as  one  of  the  delegates  from  Virginia, 
and,  as  a  proof  of  the  magnitude  and  solemnity  of  the  duty  to 
be  performed,  he  was  placed  at  the  head  of  the  State  delegation. 


I42  BIOGRAPHIES  OF  THE  MEMBERS 

Upon  his  arrival  in  Philadelphia  he  called  upon  the  venerable 
Franklin,  then  eighty-one  years  of  age,  and  the  great  soldier  and 
the  great  philosopher  conferred  together  upon  the  evils  which  had 
befallen  their  beloved  country,  and  threatened  it  with  dangers  far 
greater  than  those  of  war.  Upon  the  nomination  of  Robert 
Morris,  Washington  was  unanimously  chosen  president  of  the 
Convention, — an  honor  for  which  he  expressed  his  thanks  in  a 
few  simple  words,  reminding  his  colleagues  of  the  novelty  of  the 
scene  of  business  in  which  he  was  to  act,  lamenting  his  want  of 
better  qualifications,  and  claiming  indulgence  towards  the  involun- 
tary errors  which  his  inexperience  might  occasion.  During  the 
time  the  Convention  was  in  committee  of  the  whole,  Nathaniel 
Gorham  occupied  the  chair.  In  that  body  of  statesmen  and 
jurists  Washington  did  not  shine  as  a  debater.  Of  oratorical 
talents  he  had  none,  but  the  breadth  and  sagacity  of  his  views, 
his  calmness  of  judgment,  his  exalted  character,  and  the  vast  grasp 
of  his  national  sympathy,  exerted  a  powerful  influence  upon  the 
labors  of  the  Convention.  So  far  as  the  record  shows,  he  seems 
to  have  broken  silence  but  twice, — once  when  he  disapproved  of 
the  exclusive  origination  of  money  bills  in  the  House  of  Represent- 
atives,— a  view  which  he  abandoned  for  the  sake  of  harmony, — 
and  again  when  he  wished  the  ratio  of  representation  reduced. 
The  proceedings  were  held  in  secret,  and  not  until  after  four 
months  of  arduous  and  continuous  toil  did  the  people  know  how 
great  or  how  wonderful  was  the  work  of  the  men  who  builded  far 
better  than  they  knew.  When  the  Constitution  was  before  the 
people  for  adoption,  and  the  result  was  in  doubt,  Gouverneur 
Morris  wrote  to  Washington  as  follows :  "  I  have  observed  that 
your  name  to  the  Constitution  has  been  of  infinite  service.  In- 
deed, I  am  convinced  that  if  you  had  not  attended  the  Conven- 
tion, and  the  same  paper  had  been  handed  out  to  the  world,  it 
would  have  met  with  a  colder  reception,  with  fewer  and  weaker 
advocates,  and  with  more  and  more  strenuous  opponents.  As  it 


OF  THE  FEDERAL    CONVENTION.  143 

is,  should  the  idea  prevail  that  you  will  not  accept  the  Presidency, 
it  will  prove  fatal  in  many  parts.  The  truth  is,  that  your  great 
and  decided  superiority  leads  men  willingly  to  put  you  in  a  place 
which  will  not  add  to  your  present  dignity,  nor  raise  you  higher 
than  you  already  stand."  In  the  interval  neither  the  voice  nor 
the  pen  of  Washington  was  idle.  In  many  of  his  most  interest- 
ing letters  he  constantly  urged  upon  his  countrymen  the  neces- 
sity of  adopting  the  work  of  the  Convention  as  the  only  remedy 
for  the  evils  with  which  the  country  was  afflicted.  When  the  new 
government  went  into  operation  Washington  was  unanimously 
chosen  as  the  first  President,  and  was  sworn  into  office,  in  the 
city  of  New  York,  upon  the  3oth  of  April,  1789,  the  oath  being 
administered  by  Robert  R.  Livingston,  chancellor  of  New  York. 
In  1792,  although  anxious  to  retire,  he  was  again  chosen  to  the 
executive  chair  by  the  unanimous  vote  of  every  electoral  college, 
and  for  a  third  time,  in  1796,  was  earnestly  entreated  to  consent 
to  a  re-election,  but  firmly  declined,  thus  establishing  by  the  force 
of  his  example  a  custom  which  has  remained  unbroken,  and  which 
has  become  a  part  of  the  unwritten  law  of  the  republic.  Once 
again  was  his  repose  interrupted  by  a  call  to  take  command  of 
the  forces  of  the  United  States,  with  the  rank  of  lieutenant-general, 
when  war  was  threatening  with  France,  in  1798,  but,  though  he 
accepted  the  trust,  the  treaty  of  peace  rendered  action  unneces- 
sary. Upon  his  death,  in  1799,  the  whole  country  united  in 
paying  homage  to  the  memory  of  the  man,  whom  Lee  eloquently 
styled,  "  First  in  war,  first  in  peace,  and  first  in  the  hearts  of  his 
countrymen."  The  English  historian  Green  pays  this  tribute  to 
his  character :  "  No  nobler  figure  ever  stood  in  the  forefront  of 
a  nation's  life.  Washington  was  grave  and  courteous  in  ad- 
dress ;  his  manners  were  simple  and  unpretending ;  his  silence 
and  the  serene  calmness  of  his  temper  spoke  of  a  perfect  self- 
mastery  ;  but  there  was  little  in  his  outer  bearing  to  reveal  the 
grandeur  of  his  soul  which  lifts  his  figure,  with  all  the  simple 


144 


BIOGRAPHIES  OF  THE  MEMBERS 


majesty  of  an  ancient  statue,  out  of  the  smaller  passions  and  the 
meaner  impulses  of  the  world  around  him.  What  recommended 
him  for  command  as  yet  was  simply  his  weight  among  his  fellow- 
landowners  of  Virginia  and  the  experience  of  war  which  he  had 
gained  by  service  in  Braddock's  luckless  expedition  against  Fort 
Du  Quesne.  It  was  only  as  the  weary  fight  went  on  that  the 
colonists  learned  little  by  little  the  greatness  of  their  leader,  — 
his  clear  judgment,  his  heroic  endurance,  his  silence  under  diffi- 
culties, his  calmness  in  the  hour  of  danger  or  defeat,  the  patience 
with  which  he  waited,  the  quickness  and  hardness  with  which  he 
struck,  the  lofty  and  serene  sense  of  duty  that  never  swerved 
from  its  task  through  resentment  or  jealousy,  that  never  through 
war  or  peace  felt  the  touch  of  a  mean  ambition,  that  knew  no 
aim  save  that  of  guarding  the  freedom  of  his  fellow-countrymen, 
and  no  personal  longing  save  that  of  returning  to  his  own  fire- 
side when  their  freedom  was  secured.  It  was  almost  uncon- 
sciously that  men  learned  to  cling  to  Washington  with  a  trust 
and  faith  such  as  few  other  men  have  won,  and  to  regard  him 
with  a  reverence  which  still  hushes  us  in  presence  of  his  memory." 


JOHN 

JOHN  LANGDON  was  born  in  Portsmouth,  N.  H.,  in  1739,  where 
he  received  a  common-school  education,  and  became  a  successful 
merchant,  distinguishing  himself  as  an  ardent  patriot,  actively 
engaged  in  the  work  of  the  Revolution.  He  it  was  who,  in  con- 
cert with  John  Sullivan,  and  under  his  leadership,  in  1774,  entered 
Fort  William  and  Mary  and  carried  off  all  the  military  stores  of 
the  British.  In  1775  he  was  chosen  as  a  delegate  to  the  Conti- 
nental Congress,  resigning  in  June  of  1776  to  become  a  navy 
agent.  In  1776  and  1777  ^e  was  Speaker  of  the  Assembly  of 
New  Hampshire,  and  also  became  a  judge  of  the  Court  of  Com- 
mon Pleas.  In  1777  he  furnished  the  means  to  call  out  and 
sustain  the  New  Hampshire  militia  under  General  Stark,  and  for 


JOHN  LANQDON. 
Uat-1739  -  01>-18I9. 


Mf  TfiutttttH  O<Uef<u>n 


OF  THE  FEDERAL   CONVENTION.  145 

this  purpose  gave  his  money,  pledged  his  plate,  and  appropriated 
the  proceeds  of  seventy  hogsheads  of  tobacco,  and  thus  rendered 
possible  the  brilliant  victory  won  by  the  American  arms  at  Ben- 
nington.  He  subsequently  served  as  a  volunteer  at  Saratoga  and 
in  Rhode  Island.  In  1779  he  was  the  Continental  agent  in  New 
Hampshire,  and  the  president  of  the  New  Hampshire  Convention 
called  to  frame  a  State  constitution.  In  1 783  he  was  again  chosen 
to  Congress,  and  subsequently,  for  many  years,  was  a  member  of 
the  legislature  of  his  own  State,  being  chosen  several  times  as 
Speaker.  In  1785  he  was  the  President  of  New  Hampshire.  In 
1 787  he  was  chosen  as  a  delegate  to  the  Convention  called  to 
frame  the  Constitution  of  the  United  States,  but  did  not  take  his 
seat  until  after  the  Convention  had  been  in  session  for  two 
months.  The  delay  was  doubtless  owing  to  the  fact  that  there 
were  no  funds  in  the  State  treasury  available  for  the  pur- 
pose, when  Langdon,  with  characteristic  spirit,  offered  to  pay 
the  expenses  of  himself  and  colleague  out  of  his  own  pocket. 
He  favored  the  election  of  President  by  the  two  Houses  of  Con- 
gress upon  joint  ballot;  contended  that  members  of  Congress 
should  be  paid  out  of  the  national  treasury  and  not  by  the  States. 

te  objected  to  a  property  qualification  for  members  of  Congress, 
md  also  to  the  establishment  of  the  national  capital  at  any  State 
capital.  He  opposed  the  power  of  Congress  to  emit  bills  of 
credit,  but  approved  of  vesting  in  it  authority  to  subdue  rebel- 
lions. He  declared  that  he  did  not  distrust  Congress  on  the  sub- 
ject of  standing  armies,  nor  the  militia.  He  objected  to  taxation 
being  proportioned  to  representation  before  a  census  had  been 
taken.  He  thought  that  the  States  should  be  prohibited  from 
taxing  exports,  but  that  Congress  should  have  the  right  to  tax 
slaves.  He  approved  of  a  negative  upon  State  laws,  and  con- 
tended that  the  States  should  be  prohibited  from  laying  any  tax 
on  tonnage  from  interstate  commerce.  He  also  thought  that  new 

>tates  should  be  permitted  to  come  into  the  Union  without  dis- 


VOL.  I. — 20 


BIOGRAPHIES   OF  THE  MEMBERS 

memberment.  This  general  summary  will  give  a  fair  idea  of  his 
attitude  as  a  member  of  the  Federal  Convention.  His  personal 
character  is  thus  described  by  Rufus  Griswold :  "  He  is  eminently 
practical,  with  sterling  good  sense,  is  social  in  his  habits,  and  in  his 
manners  easy,  unaffected  and  pleasing.  Among  all  the  members 
of  the  Federal  Convention  there  is  not  one  more  thoroughly 
republican  in  his  feelings  and  tendencies  than  John  Langdon." 
After  the  Constitution  went  into  effect,  it  fell  to  the  lot  of  Lang- 
don, as  temporary  president  of  the  First  Congress  under  the  Con- 
stitution, to  notify  Washington  of  his  election  to  the  chief 
magistracy.  In  1788  he  was  the  governor  of  New  Hampshire; 
from  1789  to  1791  he  sat  in  the  Senate  of  the  United  States;  from 
1805  to  1811  he  was  again  governor  of  his  State.  In  the  latter 
year  Jefferson  offered  him  a  place  in  the  cabinet  as  Secretary  of 
the  Navy,  which  he  declined.  In  1812  a  majority  in  Congress 
selected  him  for  the  position  of  Vice-President  of  the  United 
States,  which  he  also  declined.  He  died  on  the  i8th  of  September, 
1819,  at  the  age  of  seventy. 

NICHOLAS   OILMAN. 

NICHOLAS  OILMAN  was  the  son  of  Nicholas  Gilman,  treasurer 
of  the  State  of  New  Hampshire,  and  was  born  in  the  year  1762, 
and  died  in  Philadelphia  on  the  2d  of  May,  1814,  aged  fifty- 
two  years.  Although  debarred  by  extreme  youth  from  partici- 
pation in  the  stirring  scenes  of  the  Revolution,  he  soon  became 
a  prominent  public  man  in  his  own  State,  for  we  find  that  he  was 
sent  as  a  delegate  to  the  Continental  Congress  in  1786,  and 
served  until  its  close ;  in  1787  he  was  chosen  as  a  member  of  the 
Federal  Convention,  being  at  that  time  only  twenty-five  years  of 
age,  and  was  the  youngest  member  of  that  body.  He  was  the 
sole  colleague  of  John  Langdon,  but,  not  appearing  until  the  work 
of  the  Convention  was  well  under  way,  modestly  refrained  from 
any  participation  in  debate.  He  is  described  as  being  boyish  in 


NICHOLAS    GILMAN. 
Nat.  1762 -Ob.  1814. 


From-- the-  Miniature-  irr.,  fits/possession/ a f  ifi&  Funnily. 


NATHANIEL    GORHAM. 
Nat-1738-  OB-1T96. 


from/  the*  i/riginjU' Fainting  m/  tfa6  posse&si-ort  0 


OF  THE  FEDERAL    CONVENTION.  147 

appearance,  but  possessed  of  an  ardent  temperament  and  of  great 
ability  as  a  lawyer.  From  1789  to  1797  he  was  a  member  of  the 
Congress  of  the  United  States  in  the  House  of  Representatives, 
and  seems,  with  Fisher  Ames,  to  have  been  an  enthusiastic 
supporter  of  the  administration  of  Washington,  voting  in  favor  of 
the  celebrated  treaty  of  Mr.  Jay.  He  served  as  a  United  States 
senator  from  1805  until  the  period  of  his  death. 

NATHANIEL  QORHAM. 

NATHANIEL  GORHAM,  who,  with  Rufus  King  and  Caleb  Strong, 
represented  Massachusetts  in  the  Federal  Convention,  was  born 
in  Charlestown,  Mass.,  on  the  27th  of  May,  1738,  and  died 
June  n,  1796.  After  being  educated  at  the  common  schools, 
he  entered  into  business  and  served  as  town  councillor  from  1771 
until  1775,  when  he  was  chosen  as  a  delegate  to  the  Provincial 
Congress.  He  also  served  as  a  member  of  the  legislature  of  his 
native  State,  and  of  the  State  Board  of  War  from  1778  until  the 
time  of  its  dissolution.  He  was  also  a  delegate  to  the  State  con- 
stitutional convention  in  1779.  In  1782  he  was  again  chosen  to 
Congress,  and  from  1785  to  1787  acted  as  its  president.  For 
several  years  he  was  a  judge  of  the  Court  of  Common  Pleas.  In 
1787  he  was  chosen  to  the  Federal  Convention,  and,  when  that 
body  went  into  a  committee  of  the  whole,  was  called  by  Washing- 
ton to  the  chair,  no  doubt  on  account  of  his  legislative  experience 
and  skill  as  a  parliamentarian,  and  in  that  capacity  served  for 
three-fourths  of  the  time  that  the  Convention  was  in  session.  His 
views  were  largely  those  already  noticed  in  our  sketch  of  Langdon. 
In  strong  terms  he  pointed  out  the  danger  to  all  the  States  if  a 
constitution  were  not  formed,  and  animadverted  with  great 
severity  upon  the  unpatriotic  conduct  of  Rhode  Island.  He  ex- 
erted a  powerful  influence  in  securing  the  adoption  of  the  Consti- 
tution in  his  native  State,  and  was  a  conspicuous  member  of  the 
Massachusetts  Convention.  During  the  last  years  of  his  life  he 


BIOGRAPHIES  OF  THE  MEMBERS 

became  interested  in  land  speculations,  having  purchased,  with 
Oliver  Phelps,  an  immense  tract  on  the  Genesee  River,  now 
comprising  ten  or  twelve  counties  in  the  State  of  New  York. 
His  descendants  are  still  in  that  region. 

RTJKUS    KING. 

RUFUS  KING  was  born  at  Scarborough,  now  in  the  State  of 
Maine,  March  24,  1755,  and  died  at  Jamaica,  Long  Island,  April 
29,  1827.  He  was  the  son  of  a  rich  merchant,  and  studied  law 
with  that  distinguished  jurist,  Theophilus  Parsons,  of  Massachu- 
setts. In  1778  he  served  as  aide-de-camp  to  General  Glover;  in 
1782  he  was  chosen  to  the  Legislature  of  Massachusetts,  and  also 
served  as  a  member  of  the  old  Congress  from  1 784  to  1 786.  He 
proved  to  be  an  active  and  energetic  member.  In  March  of  1785 
he  moved  in  Congress  the  following  resolution :  "  That  there  be 
neither  slavery  nor  involuntary  servitude  in  any  of  the  States 
described  in  the  resolution  of  Congress  of  April,  1784,  otherwise 
than  in  punishment  of  crime;  and  that  this  regulation  shall  be 
made  an  article  of  compact  and  remain  a  fundamental  principle  of 
the  Constitution."  This  resolution  was,  by  the  votes  of  seven 
States  against  four,  referred  to  a  committee  of  the  whole,  and  was 
subsequently  embodied,  almost  word  for  word,  by  Nathan  Dane  in 
the  famous  Ordinance  of  1787.  He  is  said  to  have  been  an  un- 
commonly handsome  man,  of  polished  manners,  and  of  powerful 
and  well  cultivated  mind.  He  was  a  dignified  and  graceful 
speaker,  and  at  times  displayed  oratorical  gifts  of  a  rare  order  of 
excellence.  At  the  time  of  his  service  as  a  member  of  the  Federal 
Convention  he  was  but  thirty-three  years  of  age,  but  frequently 
participated  in  the  debates.  His  legal  knowledge  as  well  as  his 
legislative  experience  proved  to  be  of  much  value.  He  took  a 
moderate  view  of  every  great  question,  and,  while  wishing  the 
State  governments  preserved,  contended  that  they  should  be  made 
subordinate.  He  expressed  great  anxiety  for  a  harmonious  adop- 


•RUFTJS    KINO 
Not-1755  -  Oi-1827. 


WILLIAM   SAMUEL  JOHNSON. 
Nat-1721?  -  OJb-1819. 


from,  the  Original  Fainting  ins  &lusn&U3K  CcMeg 


OF  THE  FEDERAL    CONVENTION.  149 

tion  of  the  Constitution,  and  with  his  colleagues  Strong  and  Gor- 
ham  and  Dana  became  a  member  of  the  Massachusetts  Convention 
called  to  ratify  the  Constitution.  His  efforts  contributed  largely 
to  the  successful  result.  He  expected  to  have  been  chosen  to  the 
Senate  of  the  United  States,  but,  disappointed  in  this,  in  1788 
removed  to  New  York,  and  with  General  Schuyler  was  chosen 
United  States  senator  from  that  State.  His  talents  and  abilities 
in  debate  made  him  conspicuous,  and  his  greatest  speech  was 
delivered  against  the  right  of  Gallatin  to  a  seat  in  the  Senate, 
for  the  reason  that  he  had  not  been  a  citizen  long  enough  to  be 
entitled  to  admission.  Having  declined  the  portfolio  of  Secretary 
of  State,  he  was  sent  as  minister  to  London  in  1 796,  and  remained 
there  until  1804.  In  1813  he  was  again  sent  to  the  Senate  of  the 
United  States  from  New  York,  and  delivered  a  very  eloquent 
speech  upon  the  burning  of  the  capitol  by  the  British.  In  1819 
he  was  re-elected,  and  strenuously  opposed  the  admission  of 
Missouri  as  a  slave  State.  In  1825  he  was  again  sent  as  minister 
to  London,  but  returned  the  following  year  in  ill  health,  dying 

in  1827. 

\VILLIAN1    SAMUEL,   JOHNSON. 

WILLIAM  SAMUEL  JOHNSON  was  born  in  Stratford,  Conn., 
October  7,  1727,  and  died  November  14,  1819.  He  was  the  son 
of  a  clergyman  who  was  the  first  president  of  King's  (subse- 
quently Columbia)  College,  New  York,  and  graduated  from  Yale  in 
1744.  He  subsequently  studied  law,  and  distinguished  himself  at 
the  bar  by  eloquence  and  ability.  He  was  also  deeply  versed  in 
science  arid  literature.  He  was  sent  to  Congress  in  1765,  and 
from  1766  to  1771  resided  in  England  as  the  agent  of  the  colony 
of  Connecticut,  and  there  formed  friendships  with  the  literary 
men  of  England,  conducting  for  several  years  a  correspondence 
with  Dr.  Samuel  Johnson,  the  great  lexicographer.  From  1772 
to  1774  he  was  a  judge  of  the  Supreme  Court  of  Connecticut, 
and  from  1784  to  1787  was  a  member  of  the  Continental  Congress. 


BIOGRAPHIES  OF  THE  MEMBERS 

In  the  Federal  Convention  he  was  the  first  to  propose  the  organiza^ 
tion  of  the  Senate  as  a  distinct  branch  of  the  national  legislature. 
He  desired  the  preservation  of  the  sovereignty  of  the  States,  and 
advocated  the  representation  of  the  States  in  one  branch,  and  of 
the  people  in  another.  He  thought  that  population  was  the  true 
rule  of  wealth  and  representation,  and  that  blacks  as  well  as  whites 
should  be  considered  in  the  computation.  He  contended  that 
controversies  between  the  States  should  be  left  to  the  judiciary, 
and  that  the  judicial  power  should  extend  to  equity  causes.  After 
the  adoption  of  the  Constitution  he  served  as  United  States  sena- 
tor from  Connecticut  from  1789  to  1791,  and  aided  Oliver  Ells- 
worth, subsequently  Chief  Justice  of  the  United  States,  in  drawing 
up  the  bill  which  laid  the  foundation  of  the  judiciary  system  of 
the  United  States.  From  1789  to  1800  he  was  the  president  of 
Columbia  College,  and  the  picture  shows  him  in  his  official  robes. 

ROGER    SHERMAN. 

ROGER  SHERMAN  is  the  only  man  who  enjoys  the  singular 
distinction  of  having  signed  the  four  most  important  State  papers 
in  American  history, — the  Articles  of  Association  of  the  Congress 
of  1774,  the  Declaration  of  Independence,  the  Articles  of  Con- 
federation, and  the  Constitution  of  the  United  States.  He  was 
born  in  Newton,  Mass.,  on  the  i9th  of  April,  1721,  and  died  in 
New  Haven,  Conn.,  on  the  23d  of  July,  1793.  He  was  a  shoe- 
maker by  trade,  and,  after  the  death  of  his  father,  supported  his 
mother  and  several  younger  children,  devoting  all  the  time  which 
he  could  spare  from  his  bench  to  study,  especially  to  mathematics. 
At  the  age  of  twenty-two  he  removed  to  New  Milford,  Conn., 
and  subsequently  kept  a  small  store  with  his  brother,  and  for  some 
years  acted  as  county  surveyor,  at  the  same  time  furnishing  astro- 
nomical calculations  for  an  almanac  published  in  New  York.  Late 
in  life  he  studied  law,  and  rose  to  be  a  judge  of  the  highest  court  in 
Connecticut,  a  position  which  he  held  for  twenty-three  years.  His 


ROGER  SHERMAN". 
Nat.  17.21 -Gib.  1793. 

From  ih<e  orisqina,l  fmirvtisfi'y  t.n  tJ>s?  possess?  cm  nt  iM  f&nvily. 


OF  THE  FEDERAL    CONVENTION.  151 

chief  qualities  were  his  great  practical  wisdom  and  concise  methods 
of  speech.  He  was  tall,  erect,  and  grave  in  deportment,  while  his 
dress  was  remarkable  for  its  plainness.  He  was  one  of  the 
earliest  members  of  the  Continental  Congress,  and  served  with 
Jefferson,  Franklin,  Adams,  and  Livingston  upon  the  committee  to 
prepare  the  Declaration  of  Independence.  During  the  war  he 
served  as  a  member  of  the  Board  of  War  and  Ordnance,  and  of 
the  Treasury.  In  1783  he  aided  in  the  codification  of  the  laws  of 
Connecticut.  In  the  Federal  Convention  he  rarely  spoke,  but 
when  he  did  so  he  produced  a  profound  impression,  the  result  of 
his  integrity  of  character  and  the  logical  arrangement  of  his 
matter.  His  views  were  moderate  and  conservative.  He  objected 
to  any  great  deviation  from  the  Articles  of  Confederation,  and 
wished  all  the  powers  of  government  not  absolutely  needed  for  the 
ends  of  union  left  to  the  States.  He  disapproved  of  any  un- 
necessary interference  with  the  Southern  States  on  the  subject  of 
slavery.  He  advocated  the  election  of  representatives  by  the 
States,  and  preferred  their  payment  by  the  States,  while  he  op- 
posed making  representatives  ineligible  to  State  offices,  preferring 
to  make  them  ineligible  to  national  offices.  He  desired,  however, 
an  absolute  prohibition  on  the  States  as  to  paper  money.  He 
wished  all  taxes  on  exports  prohibited,  objected  to  a  public 
provision  for  delivering  up  fugitive  slaves,  opposed  the  exclusive 
right  of  the  House  to  originate  money  bills,  but  approved  of  the 
assumption  by  Congress  of  the  State  debts.  He  proposed  the 
appointment  of  judges  by  the  legislative  branch,  and  opposed  a 
national  judiciary  that  was  not  appellate.  He  thought  that  a 
distinction  existed  between  treason  against  the  United  States  and 
the  individual  States.  He  objected  to  a  general  bankrupt  law,  and 
declared  that  any  positive  prohibition  of  a  religious  test  was  unne- 
cessary. He  contended  that  amendments  to  the  Constitution  should 
be  assented  to  by  the  States,  and  preferred  to  submit  the  Constitu- 
tion to  the  Congress  of  the  Confederation,  but  not  to  require  their 


BIOGRAPHIES  OF   THE  MEMBERS 

assent.  To  the  ratification  of  the  Constitution  he  gave  important 
support  in  his  State  convention,  and  published  a  series  of  articles 
in  its  favor.  He  was  elected  to  Congress,  and  thereupon  resigned 
his  judicial  station.  In  1791  he  was  elected  a  senator  of  the 
United  States,  but  did  not  live  to  complete  his  term  of  office.  At 
the  time  of  his  death  he  was  mayor  of  New  Haven,  a  position  he 
had  held  since  1784. 

ALEXANDER    HAMILTON. 

ALEXANDER  HAMILTON,  in  the  opinion  of  many  competent 
judges,  was  the  most  extraordinary  man  in  the  Convention.  Of 
but  thirty  years  of  age,  and  of  small  and  unimposing  stature,  he 
towered  above  all  his  associates  in  the  force  and  originality  of 
his  genius,  and  in  the  bold  and  radical  character  of  his  views. 
These  were  expressed  with  such  astonishing  eloquence,  and 
such  marvellous  erudition,  as  to  stamp  his  plans  with  the  fea- 
tures of  creative  intellect,  and  to  mark  him  as  the  natural  leader 
in  a  school  of  political  doctrine  which  exists  in  full  force  to-day. 
He  had  a  remarkably  expressive  face,  with  fair  complexion  and 
rosy  cheeks,  with  a  countenance  grave  and  thoughtful  in  repose, 
but  when  spoken  to,  lighted  up  with  intelligent  vivacity,  and  a 
smile  of  extraordinary  sweetness.  His  mind  was  of  immense 
grasp  and  unlimited  original  resources.  Both  as  a  writer  and 
speaker  he  was  equally  great,  and  he  could  endure  more  unre- 
mitted  and  intense  mental  labor  than  any  man  in  the  Conven- 
tion. His  perceptions  were  rapid,  and  he  reached  his  conclusions 
by  a  species  of  intuition.  He  possessed  that  most  unfailing 
mark  of  the  highest  order  of  intellect,  the  comprehensiveness 
of  view  which  leads  to  accurate  generalization.  His  views  were 
.strikingly  original.  He  was  frank,  amiable,  and  high-minded,  in- 
spiring his  friends  with  the  warmest  personal  attachment,  while 
he  rarely  failed  to  make  his  enemies  both  hate  and  fear  him. 
He  was  born  in  the  island  of  Nevis,  in  the  year  1757,  his 


ALEXANDER  HAMILTON 
Nat-1757-0b-1804. 

from  ihe  Original  Painting  in  the  Trumt>uM  CaUct&on-.  Yalf School  of  Art. 


OF  THE  FEDERAL    CONVENTION.  153 

mother  being  a  native  of  that  island,  and  his  father  being  a  Scotch- 
man. At  twelve  years  of  age  he  entered  the  counting-house  of 
a  merchant  at  Santa  Cruz,  and  at  fifteen  was  sent  to  New  York, 
to  complete  his  education,  and  was  entered  as  a  student  in  King's 
(now  Columbia)  College.  At  the  age  of  seventeen  he  wrote 
political  essays  on  the  rights  of  the  colonies,  which  attracted  so 
much  attention  that  they  were  attributed  to  older  and  well-known 
men.  At  nineteen  he  entered  the  army  as  a  captain  of  artillery, 
and  in  1777 — being  then  twenty  years  old — was  selected  by 
Washington  to  be  one  of  his  aides-de-camp,  with  the  rank  of 
lieutenant-colonel.  He  served  for  five  years  in  this  capacity,  until 
he  was  elected  a  member  of  Congress  from  the  State  of  New 
York.  In  this  body  he  turned  his  attention  largely  to  matters  of 
finance  and  revenue.  In  1786  he  was  chosen  a  member  of  the 
Legislature  of  New  York.  He  early  expressed  a  wish  for  a 
general  convention  to  propose  a  plan  for  a  Federal  Constitution. 
He  was  one  of  the  members  of  the  Annapolis  Convention,  and 
wrote  the  address  of  that  body  to  Congress  and  the  States.  In 
1787  he  was  appointed  a  delegate  to  the  Federal  Convention. 
He  was  one  of  the  first  members  to  appear,  and,  though  subse- 
quently deserted  by  his  colleagues,  Yates  and  Lansing,  remained 
at  the  post  of  duty,  and  exerted  the  most  extraordinary  influence. 
In  demanding  the  most  liberal  grants  of  power  to  the  national 
government,  he  struck  a  high  key,  and  though  he  could  not  induce 
the  Convention  to  adopt  his  views,  yet  it  was  to  his  strenuous 
advocacy  of  a  strong  government  that  the  vigor  and  efficiency  of 
the  Constitution  was  largely  due.  He  objected  to  a  government 
merely  federal.  He  opposed  the  New  Jersey  plan,  and  thought 
that  the  substitution  of  a  general  government,  and  the  extinguish- 
ment of  those  of  the  States,  would  be  a  great  economy.  He 
doubted  the  advantages  of  the  vast  apparatus  of  the  States,  and 
questioned  the  policy  of  divided  sovereignty.  Having  pointed 
but  the  objections  to  both  plans  then  under  discussion,  he  read  to 


VOL.  I. — 21 


I54  BIOGRAPHIES  OF  THE  MEMBERS 

the  committee  of  the  whole  a  sketch  of  a  plan  which  he  had  pre- 
pared, as  being  better  adapted  to  the  end  of  saving  the  Union 
from  dissolution.  Although  accused  of  a  leaning  towards  mon- 
archy, there  is  nothing  in  his  plan  to  support  the  charge.  Many 
of  its  features  are  similar  to  those  of  the  present  Constitution. 
While  disliking  the  Constitution  in  the  form  in  which  it  was  finally 
adopted,  like  Franklin,  he  waived  his  objections  and  became  its 
ardent  advocate  before  the  people.  With  the  aid  of  Madison  and 
Jay,  he  wrote  the  celebrated  essays  known  as  "The  Federalist," 
which  embodied  the  most  powerful  and  persuasive  arguments  in 
favor  of  the  adoption  of  the  Constitution.  Indeed,  they  are  now 
resorted  to  in  exposition  of  the  instrument  itself,  and  constitute  a 
lasting  monument  to  the  genius  of  the  authors.  By  far  the  greater 
part  of  this  work  was  done  by  Hamilton.  But  his  greatest  display 
of  intellectual  strength  was  as  a  member  of  the  State  convention 
of  New  York,  called  to  ratify  the  Constitution.  Here  his  labors 
were  indeed  stupendous.  To  his  unwearied  energy,  to  his  vigi- 
lance, skill,  knowledge,  and  fascinating  powers  of  speech  must  be 
attributed  the  success  which  ultimately,  although  at  a  late  season, 
crowned  the  labors  of  the  friends  of  the  Constitution  in  New 
York.  In  1789,  Hamilton  accepted  office  in  Washington's  admin- 
istration as  Secretary  of  the  Treasury,  and  gave  fresh  proof  of  his 
genius.  He,  in  fact,  organized  the  government.  He  originated 
policies,  breathed  life  into  statutes,  gave  credit  and  stability  to  the 
administration,  rescued  the  nation  from  bankruptcy,  adjusted  the 
claims  of  public  creditors,  and  developed  theories  into  vigorous 
principles  of  constitutional  law.  In  1 795  he  retired  to  the  prac- 
tice of  the  law  in  New  York  and  became  renowned  as  an  advocate. 
In  1 798,  at  Washington's  request,  he  was  appointed  second  in 
command  of  the  army  raised  to  repel  the  apprehended  French 
invasion,  and,  on  the  death  of  Washington,  succeeded  to  the  chief 
command.  He  again  returned  to  the  practice  of  the  law,  until,  in 
July,  1804,  he  was  cut  down  by  the  bullet  of  the  duellist.  "It  is 


WILLIAM  LIVTN"GSTOTsT. 
Nat-1723 -015-1790. 

from  &«  erurinaJ  fiavUin^  in  the  possession  of  tJi*  Family 


OF  THE  PEDERAL   CONVENTION.  155 

known,"  says  Mr.  Curtis,  "what  a  thrill  of  horror,  what  a  sharp, 
terrible  pang  ran  through  the  nation,  proving  the  comprehension 
by  the  entire  people  of  what  was  lost,  when  Aaron  Burr  took 
from  his  country  and  the  world  that  important  life.  In  the  most 
distant  extremities  of  the  Union  men  felt  that  one  of  the  first 
intellects  of  the  age  had  been  extinguished." 

WILLIAM     LIVINGSTON. 

WILLIAM  LIVINGSTON  was  one  of  the  ablest  representatives  of 
New  Jersey  in  the  Convention,  a  man  both  plain  and  simple  in  his 
dress  and  manners,  but  one  of  the  most  forcible  and  elegant  writers 
in  the  assembly.  He  was  born  in  Albany,  in  November,  1723, 
and  passed  a  part  of  his  boyhood  among  the  Mohawk  Indians, 
in  company  with  a  missionary.  In  1737  he  entered  Yale  College, 
and  four  years  later  graduated  at  the  head  of  his  class.  He  sub- 
sequently studied  law  in  New  York  City  with  James  Alexander. 
For  many  years  he  indulged  in  literary  and  political  work,  and 
published  poems  which  were  much  admired  for  their  grace  and 
spirited  sentiment.  At  times  he  was  engaged  in  polemical  contro- 
versies. Having  removed  to  New  Jersey,  he  was  in  1774  elected 
as  delegate  to  the  Continental  Congress.  The  following  year  he 
commanded  the  militia  of  New  Jersey  as  a  brigadier-general.  In 
1776  he  was  chosen  governor,  and  filled  this  office  for  some  years. 
His  pen  was  active  in  the  cause  of  the  colonists,  and  his  satire 
and  merciless  invective  so  exasperated  the  British  that  repeated 
attempts  were  made  to  surround  his  house  and  capture  his  person. 
He  was  a  sturdy  supporter  of  Congress,  and,  while  governor,  re- 
fused to  appoint  an  individual  as  postmaster  on  the  ground  that 
he  had  refused  to  take  Continental  money.  In  1785  he  was 
chosen  by  Congress  as  minister  to  Holland,  but  declined  the 
appointment.  In  1787  he  was  chosen  to  the  Federal  Convention, 
and,  though  not  a  prominent  debater,  was  an  active  member.  He 
reported  provisions  relative  to  the  public  debt  and  militia,  slaves, 


!r6  BIOGRAPHIES  OF  THE  MEMBERS 

navigation,  and  capitation  taxes,  and  thought  that  the  public  cred- 
itors should  be  put  in  the  same  state  under  the  Constitution  as 
under  the  Confederation.  In  person  he  was  tall  and  thin,  and 
by  a  wit  was  called  "  the  whipping-post."  He  died  in  1 790,  of 
dropsy,  while  governor  of  the  State. 

DAVID   BREXARLEY, 

DAVID  BREARLEY  was  born  July  n,  1745,  and  came  of  a  family 
of  note.  His  grandfather,  John  Brearley,  was  born  in  Yorkshire, 
Eno-land,  in  1645,  an<^  came  to  this  country  in  1680,  and  settled  in 
New  Jersey,  in  what  is  now  Mercer  County.  His  father,  David 
Brearley,  married  Mary  Clark,  by  whom  he  had  five  children.  The 
eldest  son,  Joseph,  espoused  the  cause  of  the  colonists  by  entering 
the  army,  and  attained  the  rank  of  major-general.  David,  the 
subject  of  this  sketch,  was  equally  patriotic.  While  still  very 
young  he  was  a  member  of  the  Provincial  Congress  which  formed 
the  first  constitution  of  the  State  of  New  Jersey,  in  1/76.  A 
reward  of  one  hundred  pounds  having  been  offered  by  the  British 
for  the  capture  of  any  member  of  that  Congress,  Brearley  was 
arrested  for  high  treason,  but  was  rescued  by  his  friends.  His 
early  education  was  received  at  the  village  of  Maidenhead,  now 
Lawrenceville.  He  attended  the  college  at  Princeton,  though  he 
did  not  graduate,  but  received,  in  1781,  the  honorary  degree  of 
Master  of  Arts.  He  then  studied  law,  and  was  admitted  to  the 
bar  November  15,  1767,  and  began  the  practice  of  his  profession 
at  Allentown.  The  call  to  arms  found  him  ready  for  the  conflict, 
and  he  became  a  lieutenant-colonel  of  the  Continental  army,  and 
a  colonel  of  the  Second  Monmouth,  a  New  Jersey  regiment.  He 
was  in  the  battles  of  Brandywine  and  Germantown,  and  with 
Washington  at  Valley  Forge.  On  the  loth  of  June,  1778,  he  left 
the  field,  having  been  officially  notified  of  his  appointment  as  chief 
justice  of  New  Jersey.  He  accepted  the  position,  entered  upon 
his  duties,  and  soon  inspired  confidence,  and  gave  evidence  of 


OF  THE  FEDERAL    CONVENTION.  157 

ability  of  no  ordinary  kind  as  a  jurist.  This,  indeed,  was  the 
sphere  in  which  he  most  distinguished  himself.  During  his  eleven 
years  of  service  as  the  head  of  the  Supreme  Court,  he  had  the 
opportunity  to  give  shape  and  form  and  character  to  the  jurispru- 
dence of  the  State.  The  experience  of  these  years  in  the  study 
and  practical  application  of  the  law  pointed  him  out  as  a  suitable 
person  to  fill  the  important  position  he  subsequently  occupied  as 
United  States  district  judge  for  New  Jersey,  under  the  Constitu- 
tion which  he  himself  assisted  in  framing.  It  was  while  he  was 
chief  justice  that  he  was  chosen  a  member  of  the  Federal  Conven- 
tion. Here  he  distinguished  himself  not  so  much  by  what  he 
said  as  by  what  he  did.  Judge  Paterson  was  unquestionably  the 
leader  of  the  New  Jersey  delegation,  but  Brearley  in  a  quiet  way 
pressed  the  claims  of  the  smaller  States  for  equality  of  recogni- 
tion. This  was  conceded  by  equal  representation  in  the  United 
States  Senate,  and  in  the  House  of  Representatives  when  the 
choice  of  a  chief  magistrate  devolves  on  that  body.  He  served 
as  one  of  the  Committee  of  Eleven  to  determine  the  length  of 
tenure  of  office  and  to  define  the  powers  of  the  President.  He 
was  also  a  member  of  the  State  convention  called  to  ratify  the 
Constitution.  As  a  citizen,  Judge  Brearley  was  upright,  influen- 
tial, and  devoted  to  the  interests  of  his  country.  As  a  soldier,  he 
was  fearless,  brave,  patriotic,  and  true.  As  a  jurist,  he  was  honest, 
faithful,  impartial,  and  wise.  In  every  position  he  occupied  he 
commanded  respect  and  inspired  confidence.  He  died,  greatly 
lamented,  at  the  age  of  forty-five,  August  19,  1790,  and  was  buried 
in  St.  Michael's  churchyard,  at  Trenton,  with  Masonic  and  military 
honors.* 

*  Abridged  from  a  sketch  by  Samuel  M.  Hamill,  D.D. 


158  BIOGRAPHIES  OF  THE  MEMBERS 

WILLIAM    PATERSON. 

WILLIAM  PATERSON,  the  son  of  Richard  Paterson,  an  Irish 
immigrant  to  New  Jersey  in  the  year  1 749,  was,  according  to  some 
accounts,  born  in  Ireland,  according  to  others,  at  sea  on  the  passage 
to  America.  He  was  educated  at  Princeton,  and  graduated  Sep- 
tember 27,  1763.  He  read  law  with  Richard  Stockton,  one  of 
the  signers  of  the  Declaration  of  Independence,  was  admitted  to 
the  bar  in  1764,  and  became  an  attorney  of  the  Supreme  Court 
in  1769.  He  took  an  active  part  in  public  affairs,  always  on  the 
patriotic  side,  and  was  a  member  of  the  First  Provincial  Congress 
of  New  Jersey,  serving  as  assistant  secretary.  In  1775  he  be- 
came a  member  of  the  Continental  Congress,  and  during  the  fol- 
lowing year  was  the  attorney-general  of  his  adopted  State,  and 
a  member  of  the  Legislative  Council.  He  served  several  times 
as  a  member  of  Congress,  but  resigned  in  1783  this  position,  as 
well  as  that  of  attorney-general,  and  resumed  the  practice  of  the 
law,  remaining  in  private  station  until  he  was  sent  to  the  Annapo- 
lis Convention  and  later  to  the  Federal  Convention.  In  the  Con- 
vention two  plans  were  proposed,  which  formed  the  basis  of 
discussion.  The  Virginia  plan,  introduced  by  Edmund  Randolph, 
proposed,  in  substance,  a  national  government,  and  received  the 
support  of  the  larger  States.  The  other,  the  New  Jersey  plan, 
was  offered  by  Paterson,  and  proposed  to  preserve  the  State 
sovereignties,  while  giving  to  the  general  government  power  to 
provide  for  the  common  defence  and  general  welfare.  The  result, 
as  is  known,  was  a  fusion  of  the  plans.  Paterson  contended  that 
the  proper  object  of  the  Convention  was  a  mere  revision  and 
extension  of  the  Articles  of  Confederation ;  he  wished  to  preserve 
the  efficiency  of  the  State  governments,  and  thought  that  the  plan 
of  Mr.  Randolph  went  far  beyond  the  powers  of  the  Convention. 
He  insisted  on  an  equal  vote  of  the  States  in  the  Senate,  and 
objected  to  a  proportional  representation  in  either  House.  After 


WILLIAM  PATER  SON, 
Nat.  1744  -Ob.  180 6. 


OF  THE  FEDERAL   CONVENTION.  159 

a  full  and  earnest  discussion,  in  which  all  the  leading  men  from  the 
different  States  participated,  the  question  of  representation  was 
referred  to  a  committee  of  one  from  each  State,  in  which  Paterson 
represented  New  Jersey,  which  agreed  upon  a  report  that  was 
finally  adopted  in  substance.  The  ablest  supporter  of  Paterson's 
views  was  Oliver  Ellsworth,  of  Connecticut,  though  he  had  also 
the  united  support  of  all  his  State  commissioners.  After  the 
adoption  of  the  Constitution  Mr.  Paterson  was  chosen  one  of  the 
senators  of  the  United  States  from  New  Jersey,  his  colleague 
being  Jonathan  Elmer.  He  was  one  of  the  tellers  to  count  the 
electoral  votes,  and  chairman  of  the  committee  to  prepare  the 
certificates  of  the  election  and  to  certify  the  elected  officers.  He 
served  as  a  member  of  the  Judiciary  Committee,  and  took  an  active 
part  in  framing  the  act  to  establish  the  judicial  system  of  the 
United  States.  On  the  death  of  Governor  Livingston,  in  1 790,  he 
became  the  governor  and  chancellor  of  his  State,  resigning  his 
position  as  United  States  senator,  and  held  the  office  for  three 
years.  During  this  time  he  executed,  under  the  authority  of  the 
legislature,  the  work  of  collecting  and  reducing  into  proper  form 
all  the  statutes  of  Great  Britain  which  before  the  Revolution  were 
practised,  and  which  by  the  Constitution  were  extended  to  the 
State,  as  well  as  all  the  public  acts  which  had  been  passed  since,  a 
work  which  has  been  spoken  of  by  a  competent  authority  as  a 
system  of  statute  law  more  perfect  than  that  of  any  other  State, 
and  which  has  continued  to  this  day  to  deserve  the  highest  praise. 
In  1793,  Governor  Paterson  was  appointed  by  Washington  as  a 
justice  of  the  Supreme  Court  of  the  United  States,  an  office  which 
he  held  the  remainder  of  his  life.  He  presided  over  several  State 
trials  of  importance,  and  sustained  the  constitutionality  of  the 
famous  alien  and  sedition  laws.  He  died  on  the  9th  of 
tember,  1806,  in  the  sixty-second  year  of  his  age.* 


*  Abridged  from  Elmer's  "  Reminiscences  of  New  Jersey." 


160  BIOGRAPHIES  OF  THE  MEMBERS 

JONATHAN     DAYTON. 

JONATHAN  DAYTON,  the  son  of  Elias  Dayton,  a  brigadier-general 
during  the  war  of  the  Revolution,  was  born  at  Elizabethtown, 
N.  J.,  on  the  i6th  of  October,  1760.  He  was  graduated  at  the 
College  of  New  Jersey  in  17/6,  but  as  he  had  entered  the  Revo- 
lutionary army,  at  the  age  of  sixteen  years,  in  February  of  that 
year,  did  not  receive  his  degree  until  the  month  of  May,  1777. 
His  father  had  been  elected,  by  the  joint  meeting  of  the  legisla- 
ture, colonel  of  the  Third  Battalion,  first  establishment  of  the 
New  Jersey  line,  on  the  7th  of  February,  1776,  and  on  the 
same  day  the  commission  of  Jonathan  Dayton  as  paymaster  of 
the  battalion  was  dated.  He  served  under  General  Sullivan,  and 
in  Maxwell's  brigade,  participated  in  the  battles  of  Brandywine  and 
Germantown,  and  in  the  winter  camp  at  Valley  Forge.  He  sub- 
sequently held  the  position  of  aide-de-camp,  with  the  rank 
of  major,  to  General  Sullivan.  In  November  of  1780,  while 
stationed  with  his  regiment,  and  serving  as  captain  of  the  Third 
New  Jersey,  he  was  taken  prisoner  and  carried  to  Staten  Island. 
He  subsequently  served  under  Lafayette  at  the  siege  of  York- 
town,  and  aided  in  the  storming  of  one  of  the  British  redoubts. 
He  remained  in  the  service  until  1783,  when  he  was  discharged. 
He  returned  home  and  entered  actively  into  political  life.  In 
1786  he  was  elected  a  member  of  the  General  Assembly,  and  was 
re-elected  in  1787.  In  that  year  he  was  elected  by  the  joint  meet- 
ing a  delegate  to  the  Constitutional  Convention,  or,  as  styled  in  the 
minutes,  a  commissioner  to  meet  the  commissioners  of  other  States 
on  commercial  and  other  matters.  His  associates  were  Brearley, 
Paterson,  Houston,  Neilson,  Livingston,  and  Clark,  all  of  whom, 
except  Neilson  and  Clark,  attended  and  took  their  seats.  Jona- 
than Dayton  was  not  a  passive  member  of  the  Convention,  but 
participated  frequently  in  the  debates.  He  was  a  firm  supporter 
of  the  New  Jersey  plan,  and  a  defender  of  the  rights  of  the 


IAN   DAYTON. LL D 
Nat. 1760 -OL.  1824. 


OF  THE  FEDERAL    CONVENTION.  l6l 

smaller  States.  He  advocated  the  payment  of  the  senators  out  of 
the  national  treasury,  considering  their  payment  by  the  States  as 
fatal  to  their  independence ;  he  also  advocated  an  equal  vote  of 
the  States  in  the  Senate  and  in  the  House,  and  opposed  the 
scheme  of  an  equal  vote  in  the  Senate  and  a  proportional  one  in 
the  House.  He  seconded  the  motion  of  Gouverneur  Morris  to 
make  the  representation  in  the  House  proportional  to  the  free 
inhabitants,  saying  that  he  did  it  that  his  sentiments  on  the  subject 
might  appear,  whatever  the  fate  of  the  motion.  He  objected  to  a 
joint  ballot  in  Congress  on  the  election  of  a  President,  and  moved 
an  equal  vote  of  the  States  for  such  election.  He  assented  to 
restrictions  on  Congress  as  to  an  army,  which  did  not  interfere 
with  proper  preparations  for  war,  and  advocated  the  limitation  of 
the  authority  of  Congress  over  the  militia  to  those  in  the  actual 
service  of  the  United  States,  and  instanced  the  conduct  of  Rhode 
Island  as  showing  the  necessity  of  giving  latitude  to  the  power 
of  the  United  States  to  protect  the  States  from  invasion  and 
rebellion.  He  signed  the  Constitution  as  adopted  September 
17,  1787.  In  the  following  November  he  was  elected  a  member 
of  the  Continental  Congress ;  in  October,  1 788,  was  again  elected, 
and  served  as  a  member  of  the  last  Continental  Congress  until 
the  Constitution  went  into  effect.  In  1789  he  was  again  elected 
to  the  New  Jersey  Legislature,  and  in  1 790  served  as  Speaker  of 
the  General  Assembly.  During  the  latter  year  he  was  an  unsuc- 
cessful candidate  for  the  office  of  United  States  senator.  In  1791 
he  was  chosen  to  the  lower  House  in  Congress,  and  was  four 
times  re-elected.  In  1 795  he  was  elected  Speaker  of  the  House 
on  the  opening  of  the  Fourth  Congress,  and  was  re-elected  Speaker 
by  the  Fifth  Congress,  in  which  the  Federal  party  had  a  slender 
majority.  Although  it  has  been  said  that  his  politics  were  con- 
sidered neutral,  yet  it  is  clear  that  Hamilton  regarded  him  as  a 
leading  member  of  the  Federal  party.  In  1798,  when  hostilities 
with  France  were  threatened,  Dayton  was  appointed  and  con- 

VOL.  I. — 22 


BIOGRAFHIES  OF  THE  MEMBERS 

firmed  as  brigadier-general.  In  the  same  year  he  was  elected  a 
United  States  senator  to  succeed  Richard  Stockton,  and  served 
until  the  expiration  of  his  term,  when  he  retired  to  private  life. 
He  became  largely  interested  in  speculations  in  Western  lands,  es- 
pecially in  Ohio,  and  the  city  of  Dayton  in  that  State  now  bears 
his  name.  An  intimate  friend  of  Aaron  Burr,  it  was  strongly  as- 
serted that  Dayton  was  one  of  his  confederates,  and  with  Blenner- 
hasset,  Swartwout,  and  others  he  was  indicted  for  treason.  The 
result  of  the  trial  of  Burr  ended  all  the  other  prosecutions.  In 
1814,  Dayton  was  again  elected  to  the  Legislature  of  New  Jersey, 
and  was  a  warm  supporter  of  Madison's  administration.  He  also 
subsequently  held  several  important  offices  in  his  native  town. 
In  1  798,  the  College  of  New  Jersey  conferred  on  him  the  degree 
of  LL.D.  He  died  at  Elizabethtown,  October  9,  1824.* 


BKNJAMIN 

BENJAMIN  FRANKLIN,  the  American  Socrates,  as  he  was  called 
by  Sir  James  Mackintosh,  was  the  oldest  member  of  the  Con- 
vention, being  at  that  time  eighty-one  years  of  age.  A  philoso- 
pher whose  wisdom  was  world-renowned,  he  exceeded  in  practical 
knowledge  every  one  of  his  associates.  With  no  pretensions  as  a 
speaker,  he  disposed  of  every  question  with  extraordinary  brevity, 
sometimes  by  a  happy  allegory,  sometimes  by  a  single  sentence. 
No  man  in  the  Convention,  save  Washington,  was  more  revered. 
No  man  could  boast  of  such  a  remarkable  career.  Born  in  Boston, 
January  1  7,  1  706,  the  fifteenth  of  a  family  of  seventeen  children, 
and  coming  to  Philadelphia  a  mere  lad,  without  a  shilling  in  his 
pocket,  a  friendless  printer's  boy,  he  rose  by  the  force  of  his 
indomitable  energy,  prudence,  and  a  sagacity  which  amounted  to 
genius  to  be  the  foremost  of  the  great  and  trusted  sons  of  his 
adopted  commonwealth.  He  had  stood  before  kings,  crowned 


*  Abridged  from  a  sketch  written  by  Garret  D.  W.  Vroom. 


•     BENJAMIN     FRANKLIN, 
Aet-84... 


frprn.  ttie-  origin^  fiaimtttiy  in  the*  pesse-ssions  aftke,  Jfi 


offt 


OF  THE  FEDERAL    CONVENTION.  163 

with  the  respect  and  admiration  of  the  world.     To  business  suc- 
cess he  had  added  scientific  renown,  and  had  won  the  doctorate 
from  Edinburgh  and  Oxford.     He  had  appeared  at  the  bar  of  the 
House  of  Commons  when  examined  upon  the  necessity  of   the 
repeal  of  the  Stamp  Act ;  he  had  been  a  member  of  the  Congress 
of  1776,  and  had  signed   the    Declaration  of  Independence;    in 
1783,  as  one  of  the  representatives  of  the  United  States,  he  had 
signed  the  definitive  treaty  of   peace,  which   placed  his   country 
among  the  independent  nations  of  the  earth.     He  had  resided  in 
England  for  fourteen  years,  from  1757  to  1762,  as  the  agent  of  the 
Pennsylvania  Assembly  to  settle  their  difficulties  with  the  proprie- 
taries, and  from  1764  to  1775  as  the  agent  of  Pennsylvania,  which 
was  subsequently  extended  to  an  agency  for  Georgia,  New  Jersey, 
and  Massachusetts.     He  had  been  in  France  from  1776  to  1785, 
and,  by  his  diplomacy,  had  done  more  than   any  other  man  to 
secure  the  French  alliance.     He  had  been  but  two  years  at  home 
when  called  upon  to  serve  as  a  delegate  to  the  Federal  Conven- 
tion.    The  idea  of  union  had  long  been  familiar  to  his  thoughts. 
As  early  as  1754  he  had  projected  a  plan  for  the  union  of  the 
colonies,  and  now,  after  long  years  of  patient  waiting,  was  to  see 
his  plans  realized.     Dr.    Franklin's  views  were  treated  with  the 
utmost  respect.     As  he  was  sensible  of  the  effects  of  age  upon  his 
memory,  his  remarks  were  carefully  written  out,  and  read  to  the 
Convention  by  his  colleague,  Mr.  Wilson.     He  strongly  objected 
to  a  salary  for  the  President,  as  he  thought  that  profit  attached  to 
so  much  honor  would  prove  dangerous  to  the  public  welfare  in 
tempting  unprincipled  men  to  grasp  both.     He  was  in  favor  of 
the  impeaching  power,  and  opposed  an  absolute  negative  of  the 
President  on  the  legislature,  illustrating  his  views  by  remarks  on 
the    conduct   of    the   colonial   governors   of   Pennsylvania.      He 
dreaded  the  increase  of  executive  power,  and  opposed  vesting  a 
power  of  appointment  in  the  office,  though  he  proposed  that  the 
President  might  suspend  laws  for  a  limited  time.    He  approved  of 


!64  BIOGRAPHIES   OF  THE  MEMBERS 

an  executive  council,  and  preferred  a  legislature  of  one  House. 
At  a  moment  of  excited  discussion  he  endeavored  to  allay  the  pas- 
sions which  had  been  aroused,  and  in  a  few  words  of  great  beauty 
and  simplicity  proposed  that  the  Convention  should  be  opened 
each  day  with  prayer.  His  most  extended  remarks  were  on  the 
plan  of  compromise  between  the  large  and  small  States  suggested 
by  Mr.  Johnson,  of  Connecticut  He  proposed  that  votes  on 
money  bills  should  be  in  proportion  to  contribution,  and  that  all 
matters  relating  to  money  should  be  made  public.  He  objected 
to  the  limitation  on  the  powers  of  Congress  to  increase  the  com- 
pensation of  the  judges.  He  opposed  a  property  qualification  for 
representatives,  and,  while  in  favor  of  fixing  the  compensation 
of  representatives,  was  against  allowing  a  compensation  to  sen- 
ators. He  thought  that  the  final  ratification  of  the  Constitution 
should  be  referred  to  a  second  convention.  Dr.  Franklin  had 
serious  objections  to  the  Constitution,  but  his  patriotism  induced 
him  to  abandon  them.  "  The  opinions  I  have  had  of  its  errors," 
said  he,  "  I  sacrifice  to  the  public  good.  Within  these  walls  they 
were  born,  and  here  they  shall  die.  I  hope  that  for  our  own 
sakes,  as  a  part  of  the  people,  and  for  the  sake  of  posterity,  we 
shall  act  heartily  and  unanimously  in  recommending  this  Consti- 
tution, approved  by  Congress  and  confirmed  by  the  conven- 
tions, wherever  our  influence  may  extend,  and  turn  our  future 
thoughts  and  endeavors  to  the  means  of  having  it  well  admin- 
istered." Mr.  Madison  has  recorded  the  following  anecdote  at 
the  end  of  the  debates :  "  Whilst  the  last  members  were  signing, 
Dr.  Franklin,  looking  towards  the  President's  chair,  at  the  back 
of  which  a  rising  sun  happened  to  be  painted,  observed  to  a  few 
members  near  him  that  painters  have  often  found  it  difficult,  in 
their  art,  to  distinguish  a  rising  from  a  setting  sun.  *  I  have,' 
said  he,  'often  and  often,  in  the  course  of  the  session,  and  the 
vicissitude  of  my  hopes  and  fears  as  to  its  issue,  looked  at  that 
sun  behind  the  president  without  being  able  to  tell  whether  it  was 


THOMAS    MIFFLIN. 
Nat.  1744 -Ob.  1800. 


Fmm  the  orupnat  jbatniuif  in  the-  jba 


OF  THE  FEDERAL    CONVENTION.  165 

rising  or  setting ;  but  now,  at  length,  I  have  the  happiness  to  know 
that  it  is  a  rising  and  not  a  setting  sun.' ' 

THOMAS     NtlRRLIN. 

THOMAS  MIFFLIN,  president  of  the  Supreme  Executive  Council 
of  Pennsylvania  from  1788  to  1790,  governor  under  the  Constitu- 
tion of  1790  from  that  year  until  December,  1799,  and  a  distin- 
guished soldier  of  the  Revolution,  was  born  in  Philadelphia  in 
1744.  It  was  the  intention  of  his  father,  who  was  a  Quaker,  that 
he  should  follow  a  mercantile  profession,  but  he  responded  to  his 
country's  call  and  took  up  arms,  rising  to  high  rank.  He  also 
served  in  Congress,  and  was  noted  as  an  animated  orator.  He 
was  one  of  those  who  entered  into  the  cabal  against  Washington 
in  favor  of  Gates,  and  in  this  way  estranged  himself  from  many  in 
the  army.  He  retained  his  political  popularity,  however,  and  in 
1783  was  elected  to  Congress,  and,  as  the  president  of  that  body, 
received  back  the  commission  of  Washington  when  he  formally 
tendered  his  resignation.  'Mifflin's  reply  to  the  few  words  uttered 
by  Washington  was  eloquent,  dignified,  and  elevated,  and  has  been 
often  quoted, — "We  join  you  in  commending  the  interests  of  our 
dearest  country  to  the  protection  of  Almighty  God,  beseeching 
Him  to  dispose  the  hearts  and  minds  of  its  citizens  to  improve  the 
opportunity  afforded  them  of  becoming  a  happy  and  respectable 
nation.  And  for  you  we  address  to  Him  our  earnest  prayers 
that  a  life  so  beloved  may  be  fostered  with  all  His  care ;  that  your 
days  may  be  as  happy  as  they  have  been  illustrious ;  and  that 
He  will  finally  give  you  that  reward  which  this  world  cannot 
give."  In  1785,  Mifflin  was  chosen  a  member  of  the  Pennsylvania 
Assembly  and  served  as  Speaker.  In  1787  he  became  a  member 
of  the  Federal  Convention.  He  spoke  but  once  in  the  course  of 
the  debates,  contending  that  the  ineligibility  of  members  of  Con- 
gress should  be  confined  to  offices  created  or  increased  in  value 
during  their  term.  In  1 788  he  was  a  member  of  the  Supreme 


BIOGRAPHIES  OF  THE  MEMBERS 

Executive  Council,  and  in  1 790  was  the  president  of  the  Conven- 
tion called  to  frame  a  constitution  for  the  State  of  Pennsylvania. 
Subsequently  he  was  elected  governor,  and  filled  the  office  for 
nine  years.  He  died  in  January,  1800.  His  biographer,  William 
Rawle,  says :  "  Thus  ended  the  checkered  life  of  Thomas  Mifflin, 
— brilliant  in  its  outset, — troubled  and  perplexed  at  a  period  more 
advanced, — again  distinguished,  prosperous,  and  happy, — finally 
clouded  by  poverty  and  oppressed  by  creditors." 

ROBERT    MORRIS. 

ROBERT  MORRIS,  the  financier  of  the  American  Revolution,  was 
born  in  Lancashire,  England,  January  31,  1734,  and  came  to  this 
country  with  his  father,  who  was  a  respectable  merchant  of  Liver- 
pool, and  settled  in  Maryland.  At  an  early  age  he  came  to  Phila- 
delphia, and  entered  the  counting-house  of  Charles  Willing,  an 
eminent  merchant,  and,  in  1754,  formed  a  co-partnership  with 
Thomas  Willing,  the  son  of  Charles,  which  lasted  until  1793,  being 
the  best  known  and  largest  importing  house  in  the  colonies.  He 
resolutely  opposed  the  Stamp  Act,  and,  contrary  to  his  own  in- 
terests, signed  the  non-importation  agreement  of  the  merchants 
of  Philadelphia.  He  served  as  vice-president  of  the  Committee 
of  Safety  until  its  dissolution,  in  July,  1776.  In  1775  he  entered 
Congress,  and  served  on  important  committees.  Although  voting 
against  the  Declaration  of  Independence,  and  absenting  himself 
from  his  seat  on  the  4th  of  July,  he  subsequently,  on  the  2d  of 
August,  when  the  engrossed  Declaration  lay  on  the  table  to  be 
signed,  affixed  his  name  to  it  "  with  firm  hand  and  unfaltering 
heart."  He  was  repeatedly  re-elected  to  Congress,  and  led  the 
Pennsylvania  delegation  in  signing  the  Articles  of  Confederation. 
In  1781,  when  the  finances  of  the  nation  were  in  a  deplorable  con- 
dition, he  was  unanimously  chosen  superintendent  of  finance. 
In  accepting  the  office,  he  wrote :  "  I  sacrifice  much  of  my  interest, 
my  ease,  my  domestic  enjoyments,  and  internal  tranquillity.  If  I 


ROBERT     MORRIS, 
Nat.  1734--0b.  1806. 


Frem.  the  original 


ssession-  0f  the  la 


OF  THE  FEDERAL    CONVENTION.  167 

know  my  own  heart,  I  make  these  sacrifices  with  a  disinterested 
view  to  the  service  of  my  country.  I  am  ready  to  go  further; 
and  the  United  States  may  command  everything  I  have  except  my 
integrity,  and  the  loss  of  that  would  effectually  disable  me  from 
serving  them  more."  For  three  years  he  discharged  the  arduous 
duties  of  this  most  responsible  post.  When  the  credit  of  the 
government  was  exhausted,  he  drew  without  stint  upon  his  own 
credit  and  private  resources,  and  furnished  means,  without  which 
Washington  could  not  have  kept  the  field.  The  eloquent  Italian 
historian,  Botta,  says :  "  Certainly  the  Americans  owed  and  still 
owe  as  much  acknowledgment  to  the  financial  operations  of 
Robert  Morris  as  to  the  negotiations  of  Benjamin  Franklin,  or 
even  the  arms  of  George  Washington."  At  one  time  Mr.  Morris 
threatened  to  resign,  stating  that  he  would  not  be  the  minister  of 
injustice.  This  phrase  was  supposed  to  imply  a  censure  of  Con- 
gress, and  was  bitterly  resented  by  Mr.  Lee  and  Mr.  Bland,  who 
made  a  severe  attack  upon  Mr.  Morris.  He  was  warmly  defended 
and  successfully  vindicated  by  Wilson  and  Hamilton,  who  declared 
that  ruin  would  result  from  his  resignation  ;  that  the  public  credit 
and  all  the  operations  dependent  on  it  would  be  involved.  He 
established  the  Bank  of  North  America,  the  first  incorporated 
bank  in  the  United  States.  In  1787  he  was  chosen  as  a  dele- 
gate to  the  Federal  Convention.  It  was  on  his  nomination  that 

o 

Washington  was  chosen  as  President.  He  strenuously  advo- 
cated the  choice  of  senators  during  good  behavior,  and  that  they 
should  be  men  of  property.  He  objected  to  the  equal  vote  of 
large  and  small  States  in  the  Convention.  In  1788,  he  was  chosen 
as  the  first  senator  of  the  United  States  from  Pennsylvania,  and 
remained  in  office  until  1795.  He  declined  the  office  of  Secretary 
of  the  Treasury,  tendered  him  by  Washington,  and,  on  request, 
suggested  the  name  of  Hamilton.  On  his  retirement  from  public 
life  he  began  to  speculate  in  unimproved  lands,  which  resulted  in 
his  ruin,  and  for  more  than  three  years  was  an  inmate  of  a  debtor's 


BIOGRAPHIES  OF  THE  MEMBERS 

prison,  with  no  relief  from  the  government,  which  he  had  once 
"  carried  on  his  shoulders."  Five  years  later  he  died,  in  1 806,  in 
the  seventy-third  year  of  his  age. 

QEORQE    CLYMER. 

GEORGE  CLYMER,  a  signer  of  the  Declaration  of  Independence, 
was  born  in  Philadelphia  in  1739,  and  was  left  an  orphan  at  an 
early  age.  He  was  well  cared  for,  however,  by  his  uncle,  William 
Coleman,  a  gentleman  of  high  character.  He  devoted  himself  to 
mercantile  pursuits,  but  soon  became  actively  interested  in  the  all- 
absorbing  political  questions  of  the  day,  and  stoutly  resisted  the 
encroachments  of  Great  Britain.  In  1776  he  was  sent  to  Con- 
gress with  Rush,  Wilson,  Ross,  and  Taylor,  and  was  one  of  those 
men  whose  names  have  become  immortal  by  signing  the  Declara- 
tion. He  served  in  Congress  until  some  time  in  the  latter  part  of 
1777,  failing  of  a  re-election;  but  was  returned  elected  in  1780. 
He  was  spoken  of,  but  not  chosen,  as  Secretary  of  Foreign  Affairs. 
After  other  public  services,  but  particularly  those  in  mitigation  of 
the  severities  of  the  penal  code  in  Pennsylvania,  he  was  chosen  to 
the  Federal  Convention.  In  this  body,  his  biographer  tells  us,  he 
evinced  the  most  enlightened  and  liberal  views.  An  examination 
of  the  record  shows  that  he  very  rarely  participated  in  discussion, 
and  then  chiefly  upon  questions  affecting  the  commercial  regula- 
tions between  the  States,  and  duties  upon  exports.  As  a  member 
of  the  Pennsylvania  Assembly,  he  took  an  active  part  in  calling 
the  convention  to  ratify  the  Constitution,  and  was  subsequently 
chosen  a  member  of  Congress.  It  was  a  saying  of  his  that  "a 
representative  of  the  people  is  appointed  to  think  for  and  not 
with  his  constituents."  In  this  doctrine  he  coincided  with  Burke. 
He  died  in  1813. 


GEORGE      CLYMER. 
Hot-r?39-Oirl8i3. 


OF  THE  FEDERAL    CONVENTION.  169 

THOMAS    KITZSINtONS. 

THOMAS  FITZSIMONS  was  born  in  Ireland  in  1741.  The  victim 
of  oppression,  he  emigrated  to  this  country,  probably  in  the  year 
1765,  settled  in  Philadelphia,  and  engaged  in  mercantile  pursuits. 
Not  long  after  he  married  the  daughter  of  Mr.  Robert  Meade, 
the  great-grandfather  of  the  late  General  George  G.  Meade, 
and  formed  a  partnership  with  his  brother-in-law,  who  was  one 
of  the  prominent  merchants  and  ship-owners  of  Philadelphia. 
He  warmly  espoused  the  cause  of  the  colonies  in  their  contest 
with  the  mother  country,  and  raised  and  commanded  a  military 
company.  He  was  with  General  Cadwalader  at  Bristol  and 
Burlington,  in  the  movements  contemporary  with  the  battles 
of  Trenton  and  Princeton,  and  was  also  a  member  of  the  Council 
of  Safety,  and  of  the  Navy  Board.  His  house  subscribed,  in  1780, 
five  thousand  pounds  to  supply  the  necessities  of  the  army.  In 
1782  he  was  elected  a  member  of  the  Continental  Congress,  and 
took  a  leading  part  in  the  debates  on  the  financial  situation. 
After  the  peace  he  was  for  several  years  a  member  of  the  General 
Assembly  of  Pennsylvania,  and  in  1787  became  a  member  of  the 
Federal  Convention.  He  opposed  universal  suffrage,  and  con- 
tended that  the  privilege  of  voting  should  be  restricted  to  free- 
holders. He  favored  giving  Congress  the  power  to  tax  exports  as 
well  as  imports,  and  argued  that  the  House  of  Representatives 
should  be  united  with  the  President,  as  well  as  the  Senate,  in 
making  treaties.  In  the  great  Federal  procession  in  Philadelphia, 
July  4,  1788,  by  which  the  ratification  of  the  Constitution  by  ten 
States  was  celebrated,  Mr.  Fitzsimons  appeared,  representing  the 
French  alliance,  mounted  on  a  horse  formerly  owned  by  Count 
Rochambeau,  and  carrying  a  flag  of  white  silk,  emblazoned  with 
the  ensigns  of  France  and  the  United  States.  When  the  national 
government  was  organized,  Mr.  Fitzsimons  was  elected  by  the 
city  of  Philadelphia  a  member  of  Congress,  and  remained  so  until 

VOL  I. — 23 


BIOGRAPHIES  OF  THE  MEMBERS 

J795-  His  views  upon  all  questions  of  commerce,  finance,  and 
exchange  were  highly  valued.  He  also  was  a  conspicuous  advocate 
of  a  protective  tariff.  In  1 794  he  failed  of  a  re-election,  that  year 
proving  disastrous  to  the  Federalists.  With  his  retirement  from 
Congress  his  political  career  closed.  He  was  a  trustee  of  the 
University  of  Pennsylvania ;  a  founder  and  director  of  the  Bank 
of  North  America ;  a  director  and  subsequently  president  of  the 
Insurance  Company  of  North  America.  He  is  described  as  a 
man  of  commanding  figure,  and  of  agreeable,  though  stately  and 
reserved,  manners.  He  died  August  26,  1811. 

JARED     INQERSOLL. 

JARED  INGERSOLL,  one  of  the  leaders  of  the  old  bar  of  Phila- 
delphia, and  the  preceptor  of  the  late  Horace  Binney,  was  born  at 
New  Haven,  Conn.,  in  the  year  1750.  His  father  was  a  sturdy 
friend  of  American  independence,  and  the  son,  reared  in  the  same 
school,  came  to  Philadelphia  in  1778,  under  the  encouragement  of 
President  Reed,  to  engage  in  the  practice  of  the  law.  He  had 
spent  some  time  in  England  in  the  study  of  his  profession,  and 
remained  in  active  practice  in  Philadelphia  until  his  death,  in  1822, 
at  the  age  of  seventy-two  years.  His  success  was  very  remark- 
able, and  his  ability  was  marked.  Mr.  Binney  has  written  of  him 
as  a  very  sound  and  well-read  lawyer,  and  a  most  consummate 
advocate:  "In  his  full  vigor,  which  continued  for  nearly  twenty 
years  after  the  year  1797,  I  regard  him  as  having  been  without 
comparison  the  most  efficient  manager  of  an  important  jury  trial 
among  all  the  able  men  who  were  then  at  the  bar  of  Philadelphia." 
With  the  exception  of  his  service  as  a  delegate  from  Pennsylvania 
in  the  Federal  Convention,  he  held  no  place  in  any  popular  or 
representative  body.  He  took  no  part  in  the  debates.  His 
devotion  was  to  the  law,  and  he  was  the  first  attorney-general  of 
the  State  of  Pennsylvania  under  the  constitution  of  1790,  hold- 
ing his  place  for  nine  years  under  Governor  Mifflin.  In  1808  he 


JAUED   INGERSOLL. 
Nat -17  60  —  Ot-1822. 


From  ike •  ortym&l  fainting  in  the  possession,  of  £ofcani  InyersoU.Estf. 


JAMES  WILSON. 
Nat  1742-  Ob.1798. 

uj/  the, possession,  of '  (*<&  F 


OF  THE  FEDERAL    CONVENTION.  171 

was  appointed  .to  the  same  place  by  Governor  Snyder,  and  for  a 
short  time,  towards  the  close  of  his  life,  was  president  of  the 
District  Court  for  the  city  of  Philadelphia. 

JAMES    Vv^ILSON. 

JAMES  WILSON  was  a  native  of  Scotland,  and  had  studied  at 
Glasgow,  St.  Andrews,  and  Edinburgh,  and  in  1761,  at  the  age  of 
twenty-one  years,  emigrated  to  New  York,  and  in  1766  arrived 
in  Philadelphia.  He  was  an  excellent  classical  scholar,  and  for  a 
short  time  was  a  tutor  in  the  college  at  Philadelphia.  Subse- 
quently he  studied  law  in  the  office  of  John  Dickinson,  and,  after 
some  years  of  practice  at  Reading,  Carlisle,  and  Annapolis,  came 
to  Philadelphia,  and  was  admitted  to  the  Philadelphia  bar  in  De- 
cember, 1778.  For  six  years — though  not  continuously — he  was  a 
member  of  Congress.  He  was  one  of  the  signers  of  the  Decla- 
ration of  Independence.  He  held  high  rank  as  an  orator,  and 
was  particularly  learned  in  the  principles  of  finance  and  constitu- 
tional law.  In  the  Federal  Convention  he  was  by  far  the  most 
conspicuous  member  of  the  Pennsylvania  delegation,  with  the  sole 
exception,  perhaps,  of  Gouverneur  Morris,  and  is  regarded  by 
students  of  our  political  history  as  one  of  the  ablest,  as  well  as 
one  of  the  worthiest,  men  in  the  public  service  at  that  day.  He 
served  as  one  of  the  Committee  on  Detail,  and  suggested  many 
features  of  the  present  Constitution.  He  was  a  strenuous  advo- 
cate of  a  government  by  the  people,  and  was  one  of  the  sturdiest 
supporters  of  every  feature  of  a  national  government.  He  desired 
that  the  various  branches  of  the  new  government  should  be  thor- 
oughly independent  of  each  other.  While  willing  to  preserve  the 
State  governments,  he  sought  to  guard  the  general  government 
against  the  encroachments  of  the  States.  He  contrasted  the  plans 
of  Mr.  Randolph  and  Mr.  Paterson,  known  as  the  Virginia  and 
the  New  Jersey  plans,  and  his  able  analysis  did  much  to  clear  the 
atmosphere  of  discussion.  He  pointed  out  the  advantages  of  a 


Ij2  BIOGRAPHIES  OF  THE  MEMBERS 

national  government  over  one  purely  federative,  and  showed  that 
the  individuality  and  sovereignty  of  the  States  was  not  incom- 
patible with  a  general  government.  He  wished  the  executive  to 
consist  of  but  one  person,  and  proposed  that  the  President  should 
be  chosen  by  electors  elected  by  the  people.  He  wished  him 
armed  with  an  absolute  veto,  and  to  serve  for  a  long  term,  sub- 
ject to  a  provision  for  impeachment.  He  opposed  a  proposition 
to  have  him  removable  by  Congress  on  the  application  of  the 
States,  and  objected  to  an  executive  council.  He  urged  that  sen- 
ators as  well  as  representatives  should  be  chosen  by  the  people, 
and  opposed  an  equal  vote  of  the  States  in  the  Senate,  but  pro- 
posed one  senator  for  every  one  hundred  thousand  people ;  he 
also  objected  to  the  Senate  being  united  in  the  power  of  appoint- 
ment. He  advocated  a  proportional  representation  of  the  States 
in  Congress,  and  suggested  the  number  of  freemen  and  three- 
fifths  of  the  slaves  as  a  basis  of  representation.  He  advocated 
the  same  proportion  of  representation  in  both  Houses,  and 
favored  annual  elections  for  members  of  the  lower  House.  He 
disapproved  of  the  exclusive  origination  of  money  bills  by  repre- 
sentatives, and  objected  to  residence  as  a  qualification  of  a  mem- 
ber. He  desired  a  provision  that  the  contracts  of  the  Confedera- 
tion should  be  fulfilled,  and  advocated  a  guarantee  to  the  States  of 
republican  institutions.  He  opposed  a  proposition  to  allow  the 
States  to  appoint  to  national  offices,  and  doubted  whether  the 
writ  of  habeas  corpus  should  ever  be  suspended.  He  contended 
for  an  absolute  prohibition  upon  the  States  relative  to  paper 
money,  and  also  for  a  provision  prohibiting  the  passing  of  laws 
impairing  the  obligation  of  contracts.  Such  were  the  liberal  and 
sagacious  views  of  this  enlightened  statesman.  He  is  strangely 
unknown,  considering  the  high  position  to  which  he  is  entitled ; 
but  his  claims  are  being  considered  by  the  writers  of  to-day.  In 
the  convention  of  Pennsylvania,  called  to  ratify  the  Constitution, 
his  speeches  were  the  most  powerful,  eloquent,  and  luminous 


GOUVERNEUR  MORRIS. 
NaVl758.    Ot-1816. 


from  th* p-ainU*?  m  ffu,  Mcfanal 


OF  THE  FEDERAL    CONVENTION. 


173 


arguments  in  favor  of  adoption  that  were  made ;  and,  according 
to  Mr.  Curtis,  gained  the  vote  of  Pennsylvania  for  the  new  gov- 
ernment against  the  ingenious  and  captivating  objections  of  its 
opponents.  On  the  2Qth  of  September,  1789,  he  was  appointed 
by  Washington  one  of  the  associate  justices  of  the  Supreme  Court 
of  the  United  States.  In  1 790  he  was  chosen  professor  of  law  in 
the  law  department  of  the  University  of  Pennsylvania,  and  three 
volumes  of  his  lectures  have  been  published.  In  1791  he  was 
appointed  by  the  lower  House  of  the  Assembly  of  Pennsylvania 
to  revise  and  digest  the  laws  of  the  commonwealth,  but  the  plan 
was  not  prosecuted,  owing  to  the  lack  of  a  legislative  appropria- 
tion. Late  in  life  he  became  involved  in  land  speculation,  and 
became  overwhelmed  with  misfortune,  lying  in  a  debtor's  prison  at 
the  suit  of  Pierce  Butler,  a  fellow-member  in  the  Federal  Conven- 
tion. Mr.  Butler  subsequently  directed  his  release,  but  before  the 
power  of  attorney  was  executed  Wilson  died,  at  the  age  of  fifty- 
six,  in  1798,  at  Edenton,  N.  C. 

QOUVERNEUR    MORRIS. 

GOUVERNEUR  MORRIS  is  entitled  to  a  very  high  rank  among  the 
statesmen  of  America.  His  oratorical  abilities  were  of  an  uncom- 
mon order,  even  among  orators.  His  financial  skill  and  knowl- 
edge were  second  only  to  those  of  Robert  Morris  and  Hamilton. 
His  patriotism  was  bold  and  ardent,  and  led  him  to  support  most 
zealously  the  cause  of  his  country  against  the  wishes,  sympathies, 
and  traditions  of  his  patrician  family.  His  intellect  was  keen,  his 
genius  brilliant.  He  was  wise  and  witty,  gay  and  courageous. 
He  was  most  active  in  the  struggle  for  independence,  and  in  the 
work  of  the  Federal  Convention  played  a  most  conspicuous  part. 
To  his  pen  is  due  the  finish  and  elegance  of  expression  which 
characterized  the  final  draft  of  the  Constitution.  He  outlined  our 
system  of  national  coinage.  He  originated  the  plan  of.  the  Erie 
Canal, — the  forerunner  of  an  extensive  system  of  internal  improve- 


!74  BIOGRAPHIES  OF  THE  MEMBERS 

ments.  As  minister  to  France  he  performed  the  most  dangerous 
duties  ever  allotted  to  an  American  representative  abroad.  He 
was  of  the  third  generation  of  the  Morris  family  which  came  to 
America,  in  the  person  of  Richard  Morris,  who  bought  an  estate  of 
more  than  three  thousand  acres  near  the  city  of  New  York,  which 
was  invested  with  manorial  privileges  by  the  governor,  and  called 
Morrisania.  Gouverneur  was  the  youngest  son,  by  a  second 
marriage,  of  Lewis  Morris,  and  was  born  at  Morrisania,  January 
31,  1752.  His  education  was  well  attended  to,  and  early  in  life  he 
acquired  a  perfect  mastery  of  French,  which  proved  of  great  ser- 
vice to  him  in  after  life.  He  graduated  from  Columbia  College  in 
1768,  at  the  age  of  sixteen,  and  subsequently  studied  law  under 
William  Smith,  afterwards  chief  justice  of  the  province  of  New 
York,  and  was  admitted  to  the  bar  in  1771,  being  not  quite  twenty 
years  of  age.  He  soon  took  an  interest  in  public  affairs,  and  in 
1775  became  a  member  of  the  Provincial  Congress,  and  served  as 
a  member  until  he  went  to  the  Continental  Congress,  three  years 
later.  At  twenty-four  years  of  age  he  boldly  expressed  himself 
thus :  "  As  a  connection  with  Great  Britain  cannot  ao-ain  exist 

o 

without  enslaving  America,  independence  is  absolutely  necessary. 
I  cannot  balance  between  the  two.  We  run  a  hazard  in  the  one 
path,  I  confess.  But  then  we  are  infallibly  ruined  if  we  pursue 
the  other."  New  York  was  the  last  State  to  sign  the  Declaration 
of  Independence,  her  delegates  in  Congress  not  being  empowered 
to  act  independently  of  the  New  York  Convention.  But  no  time 
was  lost.  The  convention  met  on  July  9;  and  on  the  day  on 
which  a  copy  of  the  Declaration  was  received,  a  resolution  of 
approval  was  passed,  and  to  Gouverneur  Morris  was  intrusted 
the  drafting  of  the  reply  to  the  New  York  delegates  in  the  Conti- 
nental Congress.  He  took  an  active  part  in  the  convention  to 
frame  a  constitution  for  the  State  of  New  York.  He  also  urged 
the  abolition  of  domestic  slavery,  although  unsuccessful.  In  1778, 
Morris  was  sent  to  the  Congress  at  Philadelphia,  and  was  immedi- 


OF  THE  FEDERAL    CONVENTION. 


175 


ately  appointed  on  the  committee  to  provide  for  the  army  at 
Valley  Forge.  From  this  time  a  friendship  sprang  up  between 
Morris  and  Washington.  His  ardent  interest  in  the  cause  of  the 
colonies  did  not  meet  with  the  approval  of  his  mother  and  other 
members  of  his  family,  and  he  incurred  the  displeasure  of  his  old 
friend  and  adviser,  William  Smith ;  but  he  steadily  pursued  his 
way.  He  served  upon  many  committees  in  Congress,  and  labored 
incessantly.  After  five  years  of  service,  he  became  a  citizen  of 
Pennsylvania,  and  began  the  practice  of  the  law  in  Philadelphia. 
In  1 780  he  met  with  an  accident  which  resulted  in  the  loss  of  a 
leg.  In  1781  he  was  appointed  by  Robert  Morris — to  whom  he 
was  not  related — assistant  superintendent  of  the  finances  of  the 
United  States,  holding  the  position  for  three  years  and  a  half. 
With  General  Knox,  he  negotiated  with  the  English  commissioners 
for  the  exchange  of  prisoners.  In  1787  he  was  a  delegate  to  the 
Federal  Convention,  and  strongly  advocated  all  measures  which 
tended  to  strengthen  the  national  government.  He  objected  to 
an  equal  vote  of  large  and  small  States  in  the  Convention,  illus- 
trated the  differences  between  a  national  and  a  federal  government, 
and  declared  his  preference  for  a  national  system.  He  advocated 
a  system  of  class  representation, — that  the  Senate  should  be  an 
aristocratic  body,  appointed  for  life  by  the  President,  and  contended 
for  a  representation  according  to  property  as  well  as  numbers,  and 
urged  a  freehold  qualification  for  electors  of  representatives,  but 
objected  to  residence  being  a  qualification  for  a  representative. 
He  approved  of  an  executive  during  good  behavior,  wished  an 
executive  council,  and  proposed  a  council  of  State  to  assist  the 
President,  and  approved  of  the  President  and  judges  as  a  council 
of  revision.  He  opposed  slavery,  sumptuary  laws,  the  emission 
of  bills  of  credit  by  Congress,  and  an  equality  of  suffrage  for  the 
States.  He  expressed  himself  upon  every  subject  discussed,  and 
was  the  most  frequent  speaker  upon  the  floor,  although  Madison 
was  not  far  behind  him.  He  wrote  the  final  draft  of  the  Consti- 


,76  BIOGRAPHIES  OF  THE  MEMBERS 

tution,  and  suggested  the  form  of  signing  the  Constitution,  which 
he  designed  so  as  to  gain  the  dissenting  members,  and  put  into 
the  hands  of  Dr.  Franklin  that  it  might  have  the  better  chance  of 
success.  Unfortunately  it  led  to  many  bitter  discussions  in  after 
years  as  to  the  real  nature  of  our  government.  In  1788  he  sailed 
for  Europe,  and  in  London  performed  important  services.  In 
France,  during  the  reign  of  terror,  he  alone,  of  the  diplomatic 
corps,  remained  in  Paris.  In  1793  he  was  recalled  from  France 
in  response  to  a  demand  for  the  removal  of  Genet.  On  his 
return,  he  established  himself  at  Morrisania,  and  was  elected  to 
the  Senate  of  the  United  States  from  New  York.  He  showed 
himself  a  determined  Federalist.  At  the  expiration  of  his  term 
he  retired  to  private  life,  and  died,  at  the  age  of  sixty-five,  in  1816. 

QEORQE    READ. 

GEORGE  READ,  one  of  the  signers  of  the  Declaration  of 
Independence,  was  born  in  Cecil  County,  Md.,  in  1734.  His  father 
was  the  son  of  a  wealthy  citizen  of  Dublin,  and  having  immigrated 
to  America,  settled  in  Cecil  County,  where  he  became  a  re- 
spectable planter.  Soon  after  the  birth  of  his  son  he  removed  to 
New  Castle,  Del.  The  early  education  of  Mr.  Read  was  re- 
ceived at  Chester,  Pa.,  and  subsequently  at  New  London,  where 
he  enjoyed  the  benefits  of  the  instruction  of  the  Rev.  Dr.  Allison. 
Among  his  fellow-pupils  were  Charles  Thomson,  the  secretary 
of  Congress,  Hugh  Williamson,  a  member  of  that  body  from 
North  Carolina  and  one  of  the  framers  of  the  Constitution,  and 
Dr.  Ewing,  provost  of  the  University  of  Pennsylvania.  At  the 
early  age  of  seventeen,  Mr.  Read  applied  himself  to  the  study  of 
the  law,  and  was  admitted  to  the  bar  in  1753.  He  became  well 
known  as  a  well-read  lawyer,  thoroughly  versed  in  the  intricacies 
of  special  pleading,  and  a  master  of  the  logic  of  the  law.  Although 
not  gifted  as  a  speaker,  he  obtained  a  fair  share  of  business,  with 
such  competitors  as  John  Ross,  attorney-general,  Benjamin  Chew, 


GEORGE   READ. 
Nat.1734-0b.lf98. 


in  Ikt  possession  o 


OF  THE  FEDERAL    CONVENTION.  177 

George  Ross,  John  Dickinson,  and  Thomas  McKean.  In  1763 
he  succeeded  John  Ross  as  attorney-general  for  the  three  lower 
counties,  as  they  were  called,  in  Delaware.  He  held  this  office 
until  he  was  elected  as  a  delegate  to  the  Congress  of  1775.  He 
then  resigned,  announcing  that  he  would  not  act  as  a  representa- 
tive in  the  American  Congress  trammelled  with  an  office  held  from 
the  British  crown.  In  the  struggle  for  liberty  he  took  an  active 
part,  urging  the  non-importation  agreement  upon  his  fellow-citizens, 
and  signing  the  Declaration  of  Independence.  Shortly  after  this 
last  act,  Joseph  Galloway,  the  Tory,  observed  to  Mr.  Read  that 
he  had  signed  it  with  a  halter  about  his  neck,  to  which  Read 
replied  that  it  was  a  measure  demanded  by  the  crisis,  and  he  was 
prepared  to  meet  any  consequences  that  might  ensue.  In  Sep- 
tember, 1776,  he  was  the  president  of  the  convention  which 
formed  the  first  constitution  of  Delaware.  In  1777  he  became 
the  governor  of  the  State.  During  all  this  time  he  was  also  a 
member  of  Congress,  and  performed  well  his  arduous  duties.  He 
took  an  active  part  in  the  framing  of  the  Articles  of  Confeder- 
ation, and  also  prepared  the  acts  of  assembly  which  empowered 
the  delegates  of  Delaware  to  ratify  those  Articles.  In  1779, 
owing  to  ill-health,  he  retired  from  public  life;  but  in  1780  again 
devoted  himself  to  the  service  of  the  State  in  the  legislature. 
In  1782  he  was  appointed  by  Congress  one  of  the  judges  of  the 
Court  of  Appeals  in  admiralty  cases.  In  1785  he  was  appointed 
by  Congress  one  of  the  commissioners  who  constituted  a  Federal 
court  created  by  that  body,  conformably  with  the  petitions  of  the 
States  of  New  York  and  Massachusetts,  to  determine  a  contro- 
versy in  relation  to  territory.  In  1786  he  became  a  member  of 
the  Annapolis  Convention,  and  in  1787  became  a  member  of  the 
Federal  Convention.  He  wished  a  strong  national  government, 
and  insisted  on  an  equality  of  suffrage  under  the  Constitution. 
He  proposed  that  the  President  should  appoint  the  senators,  and 
have  an  absolute  negative  on  laws.  He  proposed  that  the  sena- 

VOL.  I. — 24 


178  BIOGRAPHIES  OF  THE  MEMBERS 

tors  should  hold  their  office  during  good  behavior.  He  thought 
that  the  President  of  the  Senate  should  have  a  double  vote  on  the 
election  of  President  by  Congress  in  case  of  a  tie.  He  approved 
of  the  same  rules  for  taxation  and  representation.  He  objected 
to  residence  being  a  qualification  for  representatives,  and  opposed 
the  emission  of  bills  of  credit  by  Congress.  He  favored  a 
compromise  relative  to  exports  and  slaves,  and  thought  that  the 
courts  of  law  and  equity  should  be  distinct.  Immediately  after 
the  adoption  of  the  Constitution  he  was  elected  a  senator  of  the 
United  States.  He  remained  in  this  office  until  September,  1793, 
when  he  was  appointed  chief  justice  of  the  Supreme  Court  of 
Delaware,  and  died  in  the  autumn  of  1 798.  As  a  lawyer,  a  patriot, 
a  senator,  and  a  judge,  he  was  alike  unpretending,  consistent,  dig- 
nified, and  impartial. 

GUNNING    BEDFORD,  JR. 

GUNNING  BEDFORD,  JR.,  was  of  English  descent.  The  story 
of  his  life  is  concisely  told  by  the  inscription  upon  his  tomb  in  the 
cemetery  of  the  First  Presbyterian  Church,  Wilmington,  Dela- 
ware, which  leaves  little  to  be  added.  "  In  hope  of  a  joyful  resur- 
rection, through  faith  in  Jesus  Christ,  here  rests  the  mortal  part 
of  Gunning  Bedford.  Born  in  Philadelphia,  A.D.  1747.  Gradu- 
ated at  Nassau  Hall,  New  Jersey,  A.D.  1771,  with  great  distinction. 
Having  studied  law  in  Philadelphia,  he  practised  in  Delaware  with 
success,  distinguished  by  his  eloquence  as  an  advocate,  attorney- 
general,  member  of  the  Legislature  of  Delaware  (and  of  Con- 
gress), and  one  of  the  delegates  to  the  Convention  that  framed  the 
Constitution  of  the  United  States  (by  whose  efforts,  with  those  of 
other  delegates,  two  senators  were  obtained  for  the  State  of  Dela- 
ware). He  received  from  Washington  the  commission  of  first 
judge  of  the  District  Court  of  the  United  States  for  the  District 
of  Delaware,  which  he  held  till  his  death,  in  1812.  He  so  be- 
haved in  these  high  offices  as  to  deserve  and  receive  the  approba- 


GUNNING  BEDFORD.  JR. 
Nat-174?-0b-1812. 


/•>,'„/  /'/>, >/,',, ni/>/>    ,'fr/tf  Original  ftiintiny  furriisfiat />u  JJrT/unnas Addis 


JOHN  DICKINSON. 
Nat.  1732 -Ob.  1808. 

From,  the  original; painting  in,  InJ«t>£nd"i<  - 


OF  THE  FEDERAL    CONVENTION.  179 

tion  of  his  fellow-citizens.  His  form  was  goodly,  his  temper 
amiable,  his  manners  winning,  and  his  discharge  of  private  duties 
exemplary.  Reader,  may  his  example  stimulate  you  to  improve 
the  talents — be  they  five,  or  two,  or  one — with  which  God  has  in- 
trusted you."  In  the  Federal  Convention  he  denied  the  right  of 
that  body  to  change  the  principles  of  the  Confederation.  He  op- 
posed a  negative  of  Congress  on  State  laws,  and  insisted  on  an 
equal  suffrage  of  the  States.  He  accused  the  large  States  of 
seeking  to  aggrandize  themselves  at  the  expense  of  the  small. 
He  boldly  threatened  an  alliance  of  the  small  States  with  foreign 
power  if  oppressed  by  the  large  ones,  and  explained  the  circum- 
stances which  would  justify  the  small  States  in  a  foreign  alliance. 
He  wished  the  legislative  power  of  Congress  accurately  defined. 
He  opposed  the  conferring  of  the  appointing  power  entirely  upon 
the  President.  He  preferred  an  executive  term  of  three  years ; 
advocated  the  removal  of  the  President  by  Congress  on  the 
application  of  the  States,  and  opposed  any  negative  on  the 

legislature. 

JOHN     DICKINSON. 

JOHN  DICKINSON  was  one  of  those  distinguished  writers  whose 
pens,  in  the  earlier  stages  of  the  struggle  between  the  colonies 
and  England,  proved  flaming  swords.  He  was  born  in  Maryland, 
on  the  2d  of  November  (O.  S.),  in  the  year  1732.  His  parents 
were  wealthy,  and  he  enjoyed  the  greatest  advantages  which  his 
native  land  afforded.  His  brothers  had  been  educated  in  Eng- 
land, but  the  affliction  produced  by  their  death  in  that  kingdom 
prevented  the  fond  father  from  sending  his  last  son  abroad.  His 
father  shortly  after  his  birth  removed  to  an  estate  near  Dover, 
in  Delaware,  and  there  filled  the  office  of  first  judge  of  the  Court 
of  Common  Pleas.  Dickinson  went  to  Philadelphia  to  study  law 
under  the  direction  of  John  Moland,  Esq.,  and,  after  completing 
his  studies,  went  to  England,  where  he  remained  for  three  years 
at  the  Temple,  in  London.  On  his  return,  he  established  himself 


I  So  BIOGRAPHIES  OF  THE  MEMBERS 

in  the  practice  of  the  law  in  Philadelphia,  where  his  abilities  and 
acquirements  procured  for  him  eminent  success.  His  first  appear- 
ance in  public  life  was  in  the  year  1764,  as  a  member  of  the  As- 
sembly of  Pennsylvania.  In  the  following  year  he  was  a  delegate 
to  the  general  Congress,  which  assembled  at  New  York,  and  was 
the  author  of  the  resolutions  of  that  body  promulgating  their  hos- 
tility to  the  measures  of  Great  Britain.  In  1767  he  published  the 
celebrated  "Farmer's"  letters,  consisting  of  twelve  letters  ad- 
dressed to  the  inhabitants  of  the  colonies.  Few  productions  have 
ever  been  attended  with  more  signal  effect,  or  procured  for  their 
author  more  lasting  fame.  He  aroused  the  attention  of  his  coun- 
trymen to  the  illegality  of  British  taxation,  and  to  the  necessity  of 
a  sturdy  resistance.  They  are  distinguished  for  purity  of  diction, 
elegance  of  style,  vigor  of  expression,  and  animation  of  sentiment 
They  attracted  attention  both  at  home  and  abroad ;  were  repub- 
lished  in  London,  with  a  preface  by  Dr.  Franklin,  and  were  trans- 
lated into  French,  and  published  at  Paris  in  1769.  On  the  I7th 
of  October,  1774,  Mr.  Dickinson  took  his  seat  in  Congress  as  a 
deputy  from  Pennsylvania,  and  from  his  pen  emanated  the  cele- 
brated appeal  to  the  inhabitants  of  Quebec,  and  the  more  famous 
petition  to  the  king,  compositions  universally  admired  for  their 
fervid  and  manly  eloquence  and  chaste  and  elegant  composition. 
He  also  wrote  the  declaration  of  Congress  of  July  6,  1775,  setting 
forth  the  causes  and  necessity  of  their  taking  up  arms.  When  it 
came  to  action,  however,  Mr.  Dickinson's  prudence  or  his  fears 
induced  him  to  withhold  his  assent  from  the  Declaration  of  Inde- 
pendence. Like  Robert  Morris,  he  absented  himself  from  his  seat 
on  the  4th  of  July,  1776,  but  he  did  not,  like  Robert  Morris,  subse- 
quently sign  that  immortal  instrument.  In  short,  it  would  appear 
that  Mr.  Dickinson  was  not  a  man  of  intrepidity.  He  was  cautious 
and  conservative,  and  shrank  back  from  the  conflagration  which 
he  had  done  so  much  to  kindle.  Yet  his  honesty  and  ability  were 
so  much  respected  that,  after  two  years  of  absence  from  Congress, 


OF  THE  FEDERAL    CONVENTION.  l8t 

he  was  returned  in  April,  1779.  In  the  mean  time  he  entered  the 
military  service,  and  in  1777  received  from  President  McKean,  of 
Pennsylvania,  the  commission  of  a  brigadier-general,  the  duties  of 
which  he  fulfilled  satisfactorily.  In  1780  he  was  elected  by  the 
Legislature  of  Delaware  president  of  the  State,  and  in  1782  was 
president  of  the  Supreme  Executive  Council  of  Pennsylvania, 
which  office  he  continued  to  fill  until  October,  1785.  In  memory 
of  his  public  services  the  Legislature  of  Pennsylvania  incorporated 
a  college  at  Carlisle  by  the  name  of  Dickinson  College.  Mr. 
Dickinson  now  removed  to  Delaware,  and  in  1787  was  sent  as  a 
delegate  to  the  Federal  Convention.  While  eulogizing  the  British 
monarchy,  he  opposed  a  strong  executive ;  advocated  the  removal 
of  the  President  by  Congress  on  an  application  of  the  States ; 
thought  the  responsibility  of  the  executive  should  be  strictly 
guarded,  and  objected  to  an  unlimited  power  of  appointment. 
He  desired  an  executive  council.  He  contended  for  the  election 
of  the  Senate  by  the  State  legislatures,  an  equal  vote  of  the 
States  in  one  legislative  branch,  and  wished  the  Senate  to  be  like 
the  House  of  Lords.  Representatives  were  to  be  chosen  by  the 
people  triennially ;  electors  to  be  freeholders.  He  supported  the 
origination  of  money  bills  in  the  House,  and  opposed  a  prohibi- 
tion of  duties  on  exports.  He  contended  for  a  national  judiciary, 
and  thought  that  the  general  government  should  interfere  to 
protect  a  State  on  the  application  of  its  executive.  When  the 
Constitution  was  before  the  people  he  wrote  nine  letters,  signed 
"  Fabius,"  advocating  its  ratification.  In  1792  he  was  a  member 
of  the  convention  which  framed  a  constitution  for  Delaware,  and, 
under  the  signature  of  "Fabius,"  wrote  fourteen  letters  to  inform 
his  fellow-citizens  in  regard  to  the  French  Revolution.  He  died 
on  the  1 4th  of  February,  1808,  at  Wilmington,  at  the  age  of 
seventy-five. 


!g2  BIOGRAPHIES  OF  THE  MEMBERS 

RICHARD     BASSETT. 

RICHARD  BASSETT  was  a  native  of  Delaware,  and  resided  there 
all  his  life,  dying  in  September,  1815.  He  was  a  lawyer  in  active 
practice,  and  a  member  of  Congress  during  the  time  the  Articles 
of  Confederation  were  in  force.  He  was  in  active  correspondence 
with  the  leading  men  of  his  day,  and  many  of  his  letters  are 
preserved  in  the  "Life  and  Correspondence  of  George  Read." 
With  Read,  Broom,  Dickinson,  and  Bedford,  all  of  whom  were  his 
associates  in  the  Federal  Convention,  he  was  appointed  by  the 
Legislature  of  Delaware,  in  June,  1786,  to  meet  with  the  commis- 
sioners that  had  been,  or  should  be,  appointed  to  consider  the 
commercial  relations  of  the  several  States,  and  devise  and  report 
to  Congress  a  system  for  the  regulation  of  their  trade,  a  body 
known  to  history  as  the  Annapolis  Convention.  In  1787  he  be- 
came a  member  of  the  Federal  Convention,  and  sturdily  supported 
Read  in  his  efforts  to  secure  equality  of  State  representation  in 
the  Senate.  From  1789  to  1793  he  was  a  senator  of  the  United 
States,  and  was  the  first  member  to  cast  his  vote  in  favor  of 
locating  the  capital  on  the  Potomac.  Mr.  Bassett  left  the  Senate 
to  become  chief  justice  of  the  Common  Pleas  in  Delaware.  In 
1 797  he  was  a  Presidential  elector,  and  voted  for  John  Adams. 
He  was  governor  of  his  State  from  1798  to  1801,  in  the  latter  year 
becoming  a  United  States  Circuit  judge,  an  office  he  was  com- 
pelled to  abandon  on  the  repeal  of  the  judiciary  act.  His  family 
has  always  been  conspicuous  in  public  life.  His  daughter  became 
the  wife  of  the  Hon.  James  A.  Bayard,  one  of  the  signers  of  the 
Treaty  of  Ghent  and  subsequently  United  States  senator,  as  were 
two  of  his  sons,  and  his  grandson,  the  Hon.  Thomas  F.  Bayard, 
now  Secretary  of  State. 


RICHARD    BASSETT. 
Nat.lZ35-Ob.1815. 


Jrom  tfi*:.  St  Ifivnin- 


OF  THE  FEDERAL  CONVENTION.  183 

JACOB   BROOM:. 

JACOB  BROOM  was  the  familiar  associate  of  all  the  public  men 
of  his  day,  and  his  name  constantly  occurs  in  connection  with  those 
of  Read,  Bassett,  Dickinson,  and  Bedford.  He  was  born  in  1752, 
and  died  in  Philadelphia  April  25,  1810  He  was  a  member  of 
the  Annapolis  Convention  and  a  delegate  to  the  Federal  Conven- 
tion. He  opposed  an  adjournment  of  the  Convention  without 
adopting  some  plan.  He  was  in  favor  of  electing  the  President 
by  electors  chosen  by  the  State  legislatures,  and  thought  that  the 
President  should  hold  office  during  good  behavior.  He  favored  a 
senatorial  term  of  nine  years,  and  thought  that  members  of  Con- 
gress should  be  paid  by  the  States.  He  claimed  an  equal  vote  for 
the  small  States  in  the  Senate,  and  favored  a  negative  of  Congress 
on  State  laws.  Mr.  Drake,  in  his  "  Biographical  Dictionary,"  says : 
"At  the  time  of  his  death  he  was  aged  fifty-eight  years.  He  filled 
many  offices  of  trust  in  Delaware.  The  address  to  General 
Washington,  December  17,  1783,  was  written  by  Jacob  Broom, 
and  is  unrivalled  as  a  composition.  His  son,  James  M.  Broom, 
graduate  of  Princeton  College,  1794,  a  member  of  Congress, 
1805-7,  from  Delaware,  and  member  of  Philadelphia  bar,  died 
1850.  His  son,  Jacob  Broom,  Philadelphia  bar,  member  of  Con- 
gress, Pennsylvania,  died  1864.  He  was  the  candidate  of  the 
Native  American  party  for  Presidency  of  the  United  States  in 

1852." 

JAMES    McHENRY. 

JAMES  McHENRY  was  born  in  Ireland,  November  16,  1753. 
His  father  sent  him  to  Dublin  to  receive  a  classical  education. 
For  the  sake  of  his  health  he  made  a  voyage  to  America,  and 
came  to  Philadelphia  about  the  year  1771.  Deeply  impressed 
with  the  new  land,  he  urged  his  father  to  emigrate,  and,  succeed- 
ing in  this,  followed  his  studies  at  Newark  Academy,  in  Dela- 
ware, then  a  school  of  note.  He  next  studied  medicine  in  Phil- 


BIOGRAPHIES  OF  THE  MEMBEKS 

adelphia,  under  Dr.  Benjamin  Rush,  and  while  thus  engaged 
became  personally  attached  to  General  Washington,  and  followed 
him  to  the  camp  at  Cambridge.  In  January,  1776,  he  joined  the 
army  as  an  assistant  surgeon,  and  in  a  short  time  became  a  hos- 
pital director.  He  was  then  commissioned  as  surgeon  of  the 
Fifth  Pennsylvania  Battalion,  commanded  by  Colonel  Magaw. 
At  Fort  Washington  he  was  made  a  prisoner,  and  was  not  ex- 
changed until  the  spring  of  1778.  On  May  15  of  that  year  he 
was  appointed  secretary  to  the  commander-in-chief.  From  this 
time  his  relations  with  Washington  were  cordial,'  and  through  life 
he  was  treated  by  the  great  soldier  as  a  trusted  friend  and  ad- 
viser. McHenry  remained  a  member  of  Washington's  military 
family  until  August,  1780,  when  he  was  transferred  to  Lafayette's 
staff,  where  he  continued  until  the  close  of  the  war.  In  1781, 
McHenry  was  chosen  to  the  Senate  of  Maryland,  and  held  his 
seat  until  he  resigned,  in  1786.  In  1783  he  was  appointed  to 
Congress  in  place  of  Edw.  Giles,  deceased,  and  was  elected  to 
the  same  position  by  the  legislature,  on  November  27,  1783  ;  was 
re-elected  the  next  year,  and  held  this  office  until  1786.  This 
double  duty  in  State  and  Continental  legislatures  was  not  an  un- 
common thing  in  those  days.  In  1787  he  became  a  member  of 
the  Federal  Convention,  and  was  the  first  to  take  his  seat  of  the 
delegates  from  Maryland.  He  was  a  regular  and  conscientious 
attendant,  but  does  not  seem  to  have  taken  much  part  in  debate. 
He  made  some  remarks  on  the  subterfuges  adopted  to  avoid  the 
provisions  in  regard  to  money  bills ;  proposed  to  raise  taxes  by 
requisition  ;  desired  a  prohibition  in  regard  to  attainders  and  ex 
post  facto  laws,  and  desired  regulations  as  to  interstate  com- 
merce. He  afterwards  labored  hard  to  secure  the  ratification  of 
the  Constitution,  and,  in  spite  of  the  earnest  and  powerful  oppo- 
sition of  Luther  Martin  and  Samuel  Chase,  was  successful.  Dr. 
McHenry  was  repeatedly  re-elected  to  the  Legislature  of  Maryland 
until  he  became  a  member  of  Washington's  cabinet  as  Secretary 


JAMS  S   M?  HENRY. 
Nat.  1753 -Ob.  1816. 


DANIEL  OF  ST.  THOMAS  JENIFER. 
Nat-1733-0t-1790. 


frotn- PH0t*)yrapft> ef 'the  (/t*iguui£ Painting,  furnished by  Dr.Thcmas /Jdduf  f.'m 


OF  THE  FEDERAL    CONVENTION.  185 

of  War,  in  January,  1796,  in  place  of  Timothy  Pickering,  who  was 
promoted  to  be  Secretary  of  State.  He  remained  in  the  cabinet, 
even  under  President  Adams,  until  a  breach  caused  him  to  resign 
in  1800.  From  this  time  forth  he  took  no  part  in  public  life.  He 
died  May  3,  1816,  in  the  sixty-third  year  of  his  age.* 

DANIEL    OK    ST.    THOMAS    JENIFER. 

DANIEL  OF  ST.  THOMAS  JENIFER  was  born  in  Maryland  about 
1733.  He  received  a  liberal  education,  and  was  prominent  in 
Maryland  politics  before  the  Revolution.  In  1750  he  was  one  of 
the  commissioners  from  his  native  State  to  settle  the  boundary 
between  Maryland  and  Pennsylvania,  and  in  1773  was  a  member 
of  the  Proprietary  Council  under  Governor  Eden.  Notwith- 
standing his  affiliations  with  the  representatives  of  the  royal  gov- 
ernment, his  sympathies  were  enlisted  in  the  cause  of  the  colonies, 
and  he  was  in  constant  correspondence  with  its  most  ardent  sup- 
porters. In  November,  1776,  he  was  appointed  by  the  constitu- 
tional convention,  the  first  held  in  Maryland,  a-  member  of  the 
Council  of  Safety,  of  which  body  he  was  chosen  president,  and  in 
1778  was  elected  to  the  Continental  Congress.  In  1779,  when 
the  fearful  depreciation  of  the  Continental  money  threatened  to 
cast  the  cause  of  independence  into  utter  ruin,  and  the  policy  of 
agreeing  to  the  Articles  of  Confederation  was  not  evident  to  all 
of  the  colonies,  Maryland  being  one  among  others  that  refused  to 
instruct  her  delegates  to  subscribe  to  that  instrument,  Jenifer 
addressed  a  letter  from  Congress  to  Governor  Thomas  Johnson 
that  expressed  his  views  in  no  uncertain  words.  Under  date  of 
May  9,  he  wrote:  "I  wish,  with  all  my  heart,  that  we  had  an  ex- 
ecutive, and  agree  with  you  in  opinion  that  the  want  of  it  is  a 
strong  reason  for  entering  into  some  kind  of  confederation  or 


*  Abridged  from  a  paper  read  before  the  Maryland  Historical  Society,  November 
13,  1876,  by  Frederick  J.  Brown. 
VOL.  i  — 25 


jg<5  BIOGRAPHIES   OF  THE  MEMBERS 

other.  But  it  has  always  hurt  me  to  think  of  confederating  on 
terms  that  would  not  be  lasting.  I  believe  that  Congress  are 
now  more  disposed  to  explain  the  Confederation  than  it  was  some 
time  ago.  The  necessity  of  its  being  done  has  opened  the  eyes 
of  some  of  the  Congress.  But  at  present  business  of  greater 
importance  takes  up  all  our  time.  God  grant  us  wisdom  to  deter- 
mine with  that  judgment  and  precision  which  the  grand  object 
requires  we  should  do.  ...  I  am  happy  in  being  informed  that 
speculation  in  our  State  is  almost  at  a  stand.  I  wish  to  God  it 
was  so  in  every  other,  but  at  this  place  it  seems  to  be  as  high  as 
ever.  We  never  knew  distress  till  this  vice  pervaded  the  conti- 
nent. In  1775  every  man  was  ready  to  offer  his  services  and 
contribute  his  mite.  But,  oh  !  Jerusalem,  Jerusalem,  how  art  thou 
fallen  !  .  .  .  I  pray  God  that  the  troops  lately  embarked  at  New 
York  may  not  be  intended  for  Maryland  or  Virginia ;  if  they 
should,  I  hope  my  countrymen  will  act  nobly  in  the  day  of  trial. 
Nay,  I  am  confident  that  on  this,  as  on  every  other  occasion,  they 
will  approve  themselves  true  Marylanders, — i.e.,  neither  to  be 
menaced  by  power  nor  frightened  by  danger."  In  1779  he  was 
also  president  of  the  Senate  of  Maryland,  and  while  a  member  of 
that  body  opposed  the  confiscation  of  the  property  of  the  loyalists. 
In  1782  he  was  a  candidate  for  governor  before  the  legislature, 
but  was  defeated  by  William  Paca,  a  signer  of  the  Declaration  of 
Independence.  With  Thomas  Johnson,  Thomas  Stone,  and  Samuel 
Chase,  he  was  sent  to  Alexandria  to  meet  a  commission  appointed 
by  Virginia  to  settle  the  jurisdiction  over  Chesapeake  Bay  and  the 
rivers  Potomac  and  Pocomoke.  Both  bodies  met  at  Alexandria 
on  March  21,  but,  on  the  invitation  of  Washington,  adjourned  to 
Mount  Vernon  on  the  28th.  It  was  the  report  of  these  commis- 
sioners that  called  forth  from  the  Assemblies  of  Maryland  and 
Virginia  the  invitation  for  all  the  colonies  to  send  representatives 
to  Annapolis  in  1 786,  a  gathering  that  was  the  immediate  prede- 
cessor of  the  Federal  Convention.  In  1787  he  was  chosen  a 


CARROLL. 
Na.t-l'ZSe-  Oi-1829. 


OF  THE  FEDERAL    CONVENTION.  1 87 

delegate  to  the  Federal  Convention.  He  proposed  triennial  elec- 
tions of  representatives;  was  in  favor  of  the  ineligibility  of  rep- 
resentatives to  other  offices,  and  desired  a  provision  for  regulating 
commerce  between  the  States.  He  died  November  6,  1790. 

DANIEL,    CARROLL. 

DANIEL  CARROLL  was  born  in  Prince  George's  County,  Md., 
in  1756,  received  a  classical  education,  and  engaged  in  agri- 
cultural pursuits  on  his  "  Duddington"  estate,  which  is  now  in- 
cluded within  the  limits  of  the  city  of  Washington.  He  was 
elected  a  delegate  from  Maryland  to  the  Continental  Congress  in 
1780,  took  his  seat  February  12,  1781,  serving  until  1784,  taking 
an  active  part.  He  presented  to  Congress  the  act  of  the  Mary- 
land Legislature  assenting  to  the  Articles  of  Confederation,  in 
pursuance  of  which  he  became  a  signer  of  that  instrument.  Mr. 
Carroll  was  a  delegate  to  the  Federal  Convention,  and  a  warm 
supporter  of  the  plan  adopted.  In  the  Convention  he  declared 
himself  in  favor  of  an  election  of  the  President  by  electors  chosen 
by  lot  from  the  national  legislature.  When  this  plan  met  with 
but  little  attention,  he  advocated  the  choice  of  the  President  by 
the  people  or  by  electors  chosen  by  them.  He  also  advocated  a 
negative  on  the  acts  of  Congress.  He  doubted  the  propriety  of 
senators  voting  per  capita,  but  suggested  that  they  be  allowed  to 
enter  their  dissent  on  the  journal.  He  proposed  that  the  yeas 
and  nays  should  be  confined  to  the  House  of  Representatives. 
He  objected  to  the  payment  of  representatives  by  the  States,  and 
opposed  the  provision  to  disqualify  persons  having  unsettled  ac- 
counts from  being  members  of  Congress.  The  States,  he  thought, 
should  be  guaranteed  against  violence,  and  should  be  permitted 
to  lay  tonnage  duties  to  clear  harbors  and  build  light-houses.  He 
contended  for  a  regulation  of  trade  between  the  States,  and 
thought  that  an  address  to  the  people  should  accompany  the  Con- 
stitution. He  was  elected  a  member  of  Congress  in  1 789,  and 


1 88  BIOGRAPHIES  OF  THE  MEMBERS 

served   until    1791,   when    he   was    appointed   one   of   the    com- 
missioners to  locate  the  Federal  city.     He  died  at  Washington 

in  1829. 

JOHN    BLAIR. 

JOHN  BLAIR  was  born  at  Williamsburg,  Virginia,  in  1732. 
Graduating  from  William  and  Mary  College,  he  repaired  to  Lon- 
don, where  he  pursued  his  legal  studies  at  the  Temple,  and  was 
soon  engaged  in  full  practice  at  the  bar  of  the  General  Court. 
Returning  to  Virginia,  he  engaged  in  the  practice  of  his  profession, 
and  was  elected  to  the  House  of  Burgesses.  In  1765  he  opposed 
the  resolutions  of  Patrick  Henry,  but  in  1769,  when  the  House 
was  dissolved,  he  was  one  of  the  patriotic  band,  consisting  of 
Washington,  Bland,  Nicholas,  and  others,  who  held  a  meeting  in 
the  Raleigh  Tavern  and  drafted  the  non-importation  agreement. 
When  the  House  of  Burgesses  was  again  dissolved,  in  1770,  and 
the  members  again  assembled  at  the  Raleigh  to  revise  and  amend 
the  articles  of  agreement,  associating  themselves  with  the  mer- 
chants of  the  colony,  he  was  among  them  and  recorded  his  name 
in  the  roll.  In  the  latter  year  he  was  a  delegate  from  William  and 
Mary,  the  last  of  a  long  line  of  eminent  men  who  represented  the 
college  in  the  public  councils  of  the  commonwealth,  and  was  a 
member  of  the  committee  which  reported  the  declaration  of 
rights  and  the  constitution.  He  was  elected  by  the  convention 
a  member  of  the  council,  and  when  the  judicial  department  was 
established,  in  1777,  he  was  elected  a  judge  of  the  General  Court, 
of  which  he  became  chief  justice,  and  on  the  death  of  Robert 
Carter  Nicholas,  in  1780,  he  was  elected  a  judge  of  the  High 
Court  of  Chancery.  By  virtue  of  both  stations  he  became  a 
justice  of  the  High  Court  of  Appeals.  The  assembly  appointed 
him  a  delegate  to  the  Federal  Convention  to  revise  the  Articles 
of  Confederation,  in  which,  with  Edmund  Randolph  and  James 
Madison,  he  supported  the  so-called  "  Virginia  plan"  in  opposition 
to  the  New  Jersey  scheme,  which  sustained  the  separate  sover- 


JOHN    BLAIR, 
Nat.  1732-01. 1800. 


ttia  srufmaJ.  isi  tSm. /><?sseswn 


JAMES    MADISON. 
Nat.  1751-  Oi.  183  6. 


Frnm  tht.  original  faintin 


OF  THE  FEDERAL   CONVENTION.  189 

eignty  of  the  States  ;  and,  with  Washington  and  Madison  alone  of 
all  the  delegates  from  Virginia,  voted  for  the  adoption  of  the  Con- 
stitution. When  the  Federal  Constitution  was  submitted  for  the 
ratification  of  Virginia,  he  was  returned  from  the  county  of  York 
to  the  convention  and  voted  in  its  favor.  On  the  organization  of 
the  Federal  judiciary,  he  was  appointed  by  Washington,  in  1789, 
a  judge  of  the  Supreme  Court,  discharging  his  duties  with  ability 
to  his  resignation,  in  1796.  He  died  at  Williamsburg,  August  31, 
1800.  In  appearance  John  Blair  was  about  five  feet  ten  inches  in 
height,  of  an  erect  and  imposing  stature,  with  a  full  forehead,  blue 
eyes,  and  a  well-formed  nose ;  hair  inclining  to  be  red,  and  an 
expression  of  sweetness  and  gravity  which  adhered  to  him  through 
life.  His  manners  were  marked  by  high-bred  courtesy  and  gentle- 
ness, and  he  preserved  to  the  last  that  strict  attention  to  his  dress 
which  was  the  characteristic  of  the  colonial  regime. 

JAMES     MADISON; 

JAMES  MADISON,  son  of  James  Madison  and  Ellen  Conway, 
was  born  March  16,  1751,  at  Port  Conway,  Va.,  and  died  at 
his  home,  Montpelier,  June  28,  1836.  He  is  generally  spoken 
of  as  the  Father  of  the  Constitution  (and  is  so  called  by  John 
Quincy  Adams),  owing  chiefly  to  the  fact  that  his  exertions  led 
directly  to  the  Annapolis  Convention,  which  led  to  the  Federal 
Convention,  and  to  his  authorship  of  the  Virginia  plan,  which 
formed  a  basis  for  discussion  in  the  Convention  that  framed  the 
Constitution  of  the  United  States.  As  he  himself  tells  us,  his 
ancestors  were  planters,  in  independent  and  comfortable  circum- 
stances,— a  family  of  remarkable  longevity,  his  father  living  to 
be  seventy-eight,  his  mother  ninety-eight,  he  himself  eighty-five. 
He  attended  school,  was  prepared  for  college  by  the  clergyman 
of  the  parish,  entered  Princeton  in  1769  at  eighteen  ;  after 
graduation  devoted  some  time  to  theological  pursuits,  and  then 
studied  law.  Although  of  mild  temperament  and  of  but  little 


1 90 


BIOGRAPHIES  OF  THE  MEMBERS 


physical  vigor,  he  early  took  an  active  part  on  the  side  of  the 
colonists,  and  in  1774,  at  the  early  age  of  twenty-three  years, 
became  a  member  of  the  Committee  of  Safety.  Shortly  after- 
wards he  was  elected  a  delegate  to  the  Virginia  Convention  of 
1776,  which  he  calls  "my  first  entrance  into  public  life."  Here 
he  was  engaged  in  considering  the  resolutions  instructing  the 
Virginia  delegates  in  the  Continental  Congress  to  urge  an  im- 
mediate declaration  of  independence  and  in  helping  to  frame  a 
bill  of  rights  and  a  State  constitution.  A  member  of  the  first 
assembly  under  the  Constitution,  he  failed  of  a  re-election  because 
he  refused  to  "treat"  the  electors,  but  became  a  member  of 
the  governor's  council,  and  in  1780  became  a  member  of  the 
Continental  Congress.  He  served  continuously  till  1783,  de- 
voting himself  to  committee  work,  but  particularly  to  a  consid- 
eration of  the  public  debt,  displaying  familiarity  with  finance  and 
public  law.  In  1 784  he  was  chosen  to  the  Virginia  Assembly, 
where  he  strove  to  increase  the  power  of  the  Federal  govern- 
ment, convinced  by  his  past  experience  that  the  imbecility  of 
that  body  was  largely  due  to  its  lack  of  power.  He  turned  his 
attention  also  to  questions  of  commerce  and  trade,  and,  in  the 
effort  to  secure  uniformity  of  regulations  among  the  States  affect- 
ing trade,  suggested  to  Jefferson,  then  a  member  of  the  Con- 
gress, the  propriety  of  conferring  with  Maryland  delegates  in 
relation  to  the  navigation  of  the  Potomac.  The  Annapolis  Con- 
vention in  1786  was  the  result  of  the  discussion  of  the  Potomac 
question.  At  this  convention  but  five  States  were  represented, 
and  as  the  commissioners  "  did  not  conceive  it  advisable  to  pro- 
ceed on  the  business  of  their  mission,"  they  adopted  an  address, 
written  by  Hamilton,  which  was  sent  to  all  the  States,  which 
resulted  in  the  Federal  Convention.  Of  this  body  Madison  was 
chosen  a  member.  Some  time  prior  to  this  he  again  became  a 
member  of  Congress.  In  the  Convention  his  work  was  of  the 
first  importance.  He  was  the  most  active  debater  in  that  body, 


OF   THE  FEDERAL  CONVENTION.  191 

and  expressed  himself  on  every  topic.  He  was  the  author  of 
the  paper  which  was  made  the  basis  of  the  Virginia  plan,  from 
which  the  Constitution  was  in  a  great  measure  evolved.  To  his 
faithful  industry  in  reporting  the  debates  of  his  colleagues  we 
are  alone  indebted  for  the  only  full  report  we  have  of  the  labors 
of  the  great  Convention,  the  notes  of  Judge  Yates  being  but 
meagre  in  comparison,  and  terminating  abruptly  with  his  sudden 
and  early  secession  from  the  Convention.  Deeply  impressed  by 
the  weakness,  and  insufficiency  of  the  Articles  of  Confederation, 
he  strove  earnestly  for  a  better  and  stronger  government,  dis- 
playing remarkable  learning  in  constitutional  law.  With  Gouv- 
erneur  Morris  and  Mason  he  was  opposed  to  the  slave-trade, 
although  he  believed  that  domestic  slavery  should  "be  protected, 
though  not  encouraged,  as  a  Southern  interest.  He  objected  to 
Mr.  Paterson's  plan,  and  thought  that  the  powers  of  the  national 
government  should  not  be  too  much  limited.  He  pointed  out 
the  defects  of  the  Confederation,  and  dwelt  upon  the  violation 
of  those  Articles  by  the  States ;  he  showed  the  effect  a  mere 
confederacy  would  have  on  the  smaller  States,  and  weighed 
the  comparative  dangers  of  encroachments  by  the  States  and  the 
national  government  on  each  other.  He  feared  more  from  the 
former  than  the  latter.  He  opposed  a  committee  to  prepare  a 
plan  of  compromise  between  the  large  and  small  States  in  rela- 
lation  to  representation,  so  that  his  course  towards  the  small 
States  was  complained  of.  He  urged  the  importance  of  preserv- 
ing the  mutual  independence  of  the  great  departments  of  the 
government,  and  thought  that  the  preponderance  of  the  legis- 
lature was  chiefly  to  be  guarded  against.  He  opposed  the  sug- 
gestion that  the  President  should  be  removable  by  Congress  upon 
the  application  of  the  States,  as  well  as  an  executive  veto.  He 
wished  the  judiciary  united  with  the  executive  to  revise  the  laws, 
and  desired  a  provision  to  prevent  the  President  from  appointing 
to  offices  not  previously  created  by  law.  He  objected  to  an  equal 


192 


BIOGRAPHIES  OF  THE  MEMBERS 


suffrage  being  allowed  to  all  the  States,  contended  that  the  Senate 
and  judiciary  should  not  be  immediately  chosen  by  the  people, 
and  thought  that  the  judiciary  should  be  appointed  by  the  Senate. 
He  advocated  a  small  Senate,  and  a  proportional  representation  in 
the  Senate.  He  objected  to  an  election  of  the  Senate  by  the  State 
legislatures,  and  suggested  that  the  Senate  should  have  a  negative 
on  State  laws.  He  advocated  seven  years  as  the  term  of  sena- 
torial service,  though  he  did  not  object  to  nine,  his  purpose  being 
to  give  stability  and  firmness  to  that  body.  He  objected  to  the 
payment  of  senators  and  representatives  by  the  States,  and  to  a 
landed  qualification  for  members  of  Congress.  He  did  not  con- 
sider the  origination  of  money  bills  in  the  House  as  important. 
He  desired  to  cut  off  all  pretence  for  a  paper  currency,  and  thought 
it  best  to  prohibit  Congress  from  making  bills  of  credit  a  legal 
tender.  He  proposed  to  vest  Congress  with  power  in  regard  to 
the  public  lands,  Territories,  Indians,  a  seat  of  government,  in- 
corporations, copyrights,  patents,  a  university,  arsenals,  and  the 
militia.  He  urged  a  prohibition  on  the  States  as  to  the  laying  of 
embargoes  or  taxes  on  exports  and  imports,  and  preferred  a  rati- 
fication of  the  Constitution  by  conventions  instead  of  the  legis- 
latures of  the  States.  When  the  Constitution  was  before  the 
people,  he  was  one  of  its  most  strenuous  supporters.  With 
Hamilton  and  Jay  he  wrote  the  "  Federalist,"  contributing  twenty- 
nine  of  the  eighty  papers,  Jay  writing  but  five.  In  the  Virginia 
Convention  upon  him  fell  the  brunt  of  the  debate  in  opposition  to 
the  onslaughts  of  Henry,  Mason,  and  Lee.  Without  the  graces  of 
oratory,  he  was  powerful  and  persuasive  in  argument,  and,  with 
John  Marshall,  more  than  supplemented  the  brilliant  eloquence  of 
Edmund  Randolph,  whose  power  was  seriously  marred  by  his 
previous  refusal  to  sign  the  instrument  as  one  of  its  framers.  At 
this  time  Madison  was  but  thirty-eight  years  of  age,  but  had  won 
world-wide  renown  as  a  statesman.  Owing  to  the  opposition  of 
Patrick  Henry,  he  failed  of  election  to  the  United  States  Senate, 


.  •*^'< 


WILLIAM  BLOUNT. 
Nat-1744-  Ob-1800. 

aph  ff  Otf  en$im,UfauUuu>.  furrushedby  JfcTkt 


OF  THE  FEDERAL    CONVENTION.  193 

but  was  elected  to  the  House,  where  he  took  the  leading  part  in 
all  measures  designed  to  put  the  new  government  into  operation. 
At  first  a  Federalist,  he  soon  fell  under  the  influence  of  Jefferson, 
and  was  recognized  as  the  leader  of  the  opposition  to  Washing- 
ton's administration,  his  hostility  to  Hamilton  becoming  warm  and 
pronounced.  To  meet  the  opposition  which  the  Constitution  had 
encountered,  Madison  proposed  twelve  amendments  declaratory 
of  fundamental  popular  rights, — ten  of  which,  essentially  as  he 
proposed  them,  were  adopted.  With  Washington's  administra- 
tion his  Congressional  service  ended.  He  wrote  the  Kentucky 
resolutions  of  1798,  which,  with  the  resolutions  of  Jefferson,  be- 
came the  seed  of  nullification  and  secession,  which,  many  years 
after,  he  declared  were  "  twin  heresies"  that  "  ought  to  be  buried 
in  the  same  grave."  In  1801  he  became  Jefferson's  Secretary  of 
State,  and  remained  so  for  eight  years.  In  1809  he  became 
President,  and  was  re-elected.  During  the  war  with  England  he 
did  not  particularly  distinguish  himself,  lacking  nerve  and  discre- 
tion. The  remaining  twenty  years  of  his  life  were  passed  in 
retirement,  but  in  busy  correspondence,  discussing  political,  moral, 
and  social  questions.  He  will  be  remembered  for  the  great  and 
distinguished  services  he  rendered  to  the  cause  of  the  Constitu- 
tion long  after  his  failures  and  incompetency  as  President  have 

been  forgotten. 

^^VIIvL/IAM     BL/OUNT. 

WILLIAM  BLOUNT,  a  son  of  Jacob  Blount,  of  North  Carolina, 
a  member  of  the  Provincial  Assemblies  of  1775-76,  was  born  in 
Craven  County,  N.  C.,  in  1744.  He  was  a  member  of  the  House 
of  Commons  of  North  Carolina  in  1780  and  1784,  and  a  delegate 
to  the  old  Congress  in  1782-83  and  1786-87.  In  1780  and  1784 
he  represented  the  Newbern  district  in  the  assembly,  and  was  a 
member  of  the  Federal  Convention,  at  Philadelphia,  in  1787.  So 
far  as  the  records  show,  he  took  no  active  part  in  the  debates. 
On  the  adoption  of  the  Federal  Constitution  by  North  Carolina,  in 

VOL.  I. — 26 


BIOGRAPHIES  OF  THE  MEMBERS 

1 789,  he  was  defeated  for  the  United  States  Senate  by  Benjamin 
Hawkins;  but  in  August  of  1790,  Washington  appointed  him 
governor  of  the  Territory  south  of  Ohio.  Repairing  to  Tennessee 
in  1791,  he  founded  the  city  of  Knoxville,  and  was  president  of 
the  convention  which  framed  the  first  constitution  of  that  com- 
monwealth. In  1 796  he  was  elected  to  the  United  States  Senate, 
but  was  impeached,  found  guilty,  and  expelled  in  1 797,  for  having 
instigated  the  Creeks  and  Cherokees  to  aid  the  British  in  conquer- 
ing the  Spanish  territory  on  the  southern  border  of  the  United 
States.  On  his  return  to  Knoxville,  the  Speaker  of  the  State 
Senate  resigned,  and  Mr.  Blount  was  unanimously  chosen  to  suc- 
ceed him,  and  was  also  elected  their  presiding  officer.  He  died 
at  Knoxville,  March  21,  1800. 

RICHARD     DOBBS    SPAIGHT. 

RICHARD  DOBBS  SPAIGHT  was  born  at  Newbern,  N.  C., 
March  25,  1758.  When  nine  years  old  he  was  sent  abroad  to 
acquire  an  education,  which  was  finished  at  the  University  of 
Glasgow.  Returning  to  America  in  1778,  he  joined  the  army  and 
was  at  the  battle  of  Camden  as  aide  to  Governor  Caswell.  From 
1781  to  1783  he  was  a  member  of  the  legislature,  and  in  Decem- 
ber of  the  latter  year  was  elected  a  delegate  to  the  Continental 
Congress,  and  served  until  1786.  He  was  a  prominent  member 
of  the  Federal  Convention.  He  proposed  the  election  of  United 
States  senators  by  the  legislatures  of  the  States,  and  suggested 
seven  years  as  the  Presidential  term  of  office.  He  was  in  favor 
of  reconsidering  the  decision,  once  arrived  at,  to  choose  the  Presi- 
dent by  electors  appointed  by  the  State  legislatures,  and  objected 
to  requiring  more  than  a  majority  to  pass  a  navigation  act.  In 
1788  he  was  a  delegate  to  the  first  State  convention  to  consider 
the  Constitution,  in  which  he  earnestly  but  fruitlessly  urged  its 
adoption.  After  residing  some  time  in  the  West  Indies  for  the 
benefit  of  his  health,  he  returned  to  North  Carolina  and  served  as 


RICHARD    DO BBS    SPAIGHT. 
"Nat -1753.—  Ob-1802. 


Fram. 


HUGH  WILLIAMSON 
Nat -173  5-  Ob-1819. 


OF  THE  FEDERAL   CONVENTION.  195 

governor  from  1792  to  1795,  and  as  representative  in  Congress 
from  1798  to  1801.  He  was  defeated  at  the  next  election  by  John 
Stanley,  who,  on  September  5,  1802,  challenged  him.  They  fought 
the  same  day,  and  Spaight  was  mortally  wounded. 


HUGH  WILLIAMSON,  son  of  John  Williamson,  who  emigrated 
from  Ireland  to  Pennsylvania  in  1730,  was  born  in  West  Notting- 
ham Township,  Chester  County,  Pa.,  December  5,  1735.  He  re- 
ceived his  early  education  in  the  school  of  Rev.  Francis  Allison  ; 
entered  the  College  of  Philadelphia  in  1753,  and  graduated  four 
years  later.  Studying  divinity,  he  was  licensed  to  preach  in  1759  ; 
but  soon  finding  that  his  true  vocation  lay  in  a  different  direction, 
left  the  pulpit,  and  entered  upon  the  study  of  medicine.  In  1  760 
he  was  appointed  professor  of  mathematics  in  his  Alma  Mater,  and 
in  1  764  left  for  Edinburgh,  London,  and  Utrecht,  to  complete  his 
medical  studies,  obtaining  from  the  latter  university  his  degree  of 
M.D.  Returning  to  Philadelphia,  he  began  to  practise  success- 
fully. In  1768  he  was  elected  a  member  of  the  American  Philo- 
sophical Society,  and  the  year  following  was  commissioned  by  the 
Society,  with  other  members,  to  observe  the  transit  of  Venus. 
After  visiting  the  West  Indies,  in  1772,  he  went  to  London  to 
procure  aid  for  the  Academy  at  Newark,  N.  J.,  where  he  was  ex- 
amined, in  February,  1774,  by  the  Privy  Council  on  the  subject  of 
the  destruction  of  the  tea  at  Boston.  After  the  Declaration  of 
Independence  he  returned  home,  bringing  important  papers.  In 
1777  he  engaged  in  mercantile  pursuits  with  a  younger  brother  in 
the  South,  which  led  to  his  settling  in  Edenton,  N.  C.,  where  he 
also  practised  medicine.  He  was  appointed,  in  1779,  medical 
director-general  of  the  forces  in  North  Carolina,  and  was  particu- 
larly efficient  at  the  battle  of  Camden.  In  1782  he  was  elected  to 
the  House  of  Commons  from  Edenton  District,  and  was  a  dele- 
gate to  the  Continental  Congress  from  1782  to  1785.  He  served 


BIOGRAPHIES  OF  THE  MEMBERS 

a  second  time  from  1787  to  1788.  He  was  a  delegate  to  the  Con- 
vention which  framed  the  Federal  Constitution  in  1787,  as  well  as 
to  the  State  convention  which  ratified  it  in  1 789.  In  the  Conven- 
tion he  was  the  most  active  member  from  his  State.  He  pro- 
posed impeachment  of  the  President  for  malpractice  or  neglect ; 
preferred  the  consent  of  an  executive  council  to  appointments 
instead  of  either  branch  of  the  legislature  ;  suggested  the  appoint- 
ment by  Congress  of  a  provisional  successor  of  the  President ; 
and  thought  that  the  Presidential  term  should  be  six  years.  On 
the  whole,  he  preferred  an  executive  of  three  persons  to  a  single 
one,  and  strongly  disapproved  of  the  seat  of  government  being  at 
a  State  capital.  He  wished  the  Senate  to  be  a  small,  select  body, 
with  its  members  chosen  for  a  term  of  six  years,  and  thought  that 
representatives  should  be  paid  by  the  State  legislatures.  He 
urged  a  compromise  between  the  large  and  small  States  as  to  rep- 
resentation, and  the  protection  of  Southern  interests  in  apportion- 
ing representation.  He  approved  of  the  exclusive  right  of  repre- 
sentatives to  originate  money  bills,  the  prohibition  of  a  tax  on 
exports,  and  contended  for  a  provision  for  a  trial  by  jury.  He 
doubted  whether  controversies  between  the  States  should  in  all 
cases  be  decided  by  the  judiciary.  After  the  adoption  of  the  Con- 
stitution, he  served  as  a  member  of  Congress  from  1790  to  1793. 
He  then  removed  to  New  York,  where  he  died,  May  22,  1819. 

JOHN     RUTLEDGE. 

JOHN  RUTLEDGE  was  the  son  of  Dr.  John  Rutledge,  who,  with 
his  brother  Andrew,  both  natives  of  Ireland,  settled  in  Carolina, 
about  1735.  The  historian,  Dr.  Ramsay,  says:  "In  the  friendly 
competitions  of  the  States  for  the  comparative  merits  of  their 
respective  statesmen  and  orators,  while  Massachusetts  boasts  of 
her  John  Adams,  Connecticut  of  her  Ellsworth,  New  York  of  her 
Jay,  Pennsylvania  of  her  Wilson,  Delaware  of  her  Bayard,  Virginia 
of  her  Henry,  South  Carolina  rests  her  claim  on  the  talents  and 


JOHN  RTTTiEDGIE. 
Na-t-1739  -01-1800. 


OF  THE  FEDERAL   CONVENTION.  197 

eloquence  of  John  Rutledge."  After  an  excellent  classical  edu- 
cation, Rutledge  entered  as  a  law  student  in  the  Temple,  in  Lon- 
don, and  proceeding  barrister,  came  out  to  Charleston,  and  com- 
menced the  practice  of  law  in  1761.  In  his  first  cause — an  action 
for  breach  of  promise  of  marriage — his  eloquence  astonished  all 
who  heard  him.  His  business  became  large,  and  he  at  once  took 
rank  among  the  able  and  eloquent  members  of  the  bar.  With 
Gadsden  and  Lynch  he  was  sent  to  the  Congress  at  New  York, 
in  1765,  and  his  denunciation  of  the  Stamp  Act  surprised  the 
members  of  distant  provinces  by  the  eloquence  displayed.  He 
returned  to  the  bar,  and  for  ten  years  engaged  in  successful  prac- 
tice. In  1774  he  became  a  member  of  the  first  Continental  Con- 
gress, and  was  continued  a  member  by  successive  elections  until 
1776.  He  was  then  elected  president  and  commander-in-chief  of 
South  Carolina.  His  duties  thenceforth  were  executive.  As  a 
sample  of  the  spirit  with  which  he  acted,  the  following  anecdote  is 
quoted.  He  wrote  to  General  Moultrie,  who  commanded  Sullivan's 
Island,  in  the  harbor  of  Charleston,  this  laconic  note :  "  General 
Lee  wishes  you  to  evacuate  the  fort.  You  will  not  without  an 
order  from  me.  I  would  sooner  cut  off  my  hand  than  write  one. 
J.  Rutledge."  In  1778  he  became  the  governor  of  the  State 
under  the  new  constitution,  and  made  great  exertions  to  repel  the 
British  invasion,  to  defend  Charleston  in  the  years  1779-80,  to 
procure  the  aid  of  Congress  and  of  the  adjacent  States,  and  to 
revive  the  suspended  legislative  and  judicial  powers  of  the  State. 
In  1782  he  was  elected  to  Congress.  In  1783  he  was  appointed 
minister  plenipotentiary  to  Holland,  but  declined  serving:  The 
next  year  he  was  elected  a  judge  of  the  Court  of  Chancery  in 
South  Carolina.  From  this  time  forth  his  duties  were  almost 
entirely  judicial.  In  1787,  as  a  member  of  the  Federal  Conven- 
tion, he  assisted  in  framing  the  Constitution,  and  subsequently 
exerted  himself  to  induce  his.  countrymen  to  ratify  it.  When 
Robert  Morris  nominated  Washington  as  the  president  of  the 


BIOGRAPHIES  OF  THE  MEMBERS 

Convention,  Rutledge  promptly  rose  to  second  the  motion.  When 
it  became  apparent,  through  seemingly  hopeless  differences  of 
opinion,  that  the  Convention  might  adjourn  without  formulating 
any  plan  of  government,  Rutledge  made  a  powerful  appeal  for 
harmony.  He  preferred  a  single  executive,  elected  by  joint  ballot 
of  the  national  legislature,  with  a  property  qualification,  but  was 
opposed  to  giving  to  the  President  the  power  of  war  and  peace, 
and  the  power  of  appointing  judges.  He  favored  a  represen- 
tation of  the  States  in  the  Senate  according  to  their  importance, 
thought  that  senators  should  serve  without  pay,  and  that  repre- 
sentatives should  be  elected  by  the  State  legislatures.  Represen- 
tation in  the  House,  he  said,  should  be  proportioned  to  contribu- 
tion, and  representatives  should  be  ineligible  to  other  offices.  He 
favored  a  small  House,  biennial  elections,  annual  meetings  of  Con- 
gress, and  a  property  qualification  for  members.  He  objected  to 
an  alteration  by  Congress  of  State  regulations  relative  to  the 
election  of  members  of  Congress,  nor  should  Congress  fix  the 
qualifications  of  its  own  members.  He  wished  a  specific  enumer- 
ation of  the  powers  of  Congress,  and  objected  to  the  exclusive 
right  of  the  House  to  originate  money  bills.  He  favored  a  recog- 
nition of  slavery,  in  order  to  induce  the  Southern  States  to  come 
into  the  Union.  As  soon  as  the  new  government  went  into  oper- 
ation, he  was  designated  by  Washington  as  an  associate  justice  of 
the  Supreme  Court  of  the  United  States,  and  served  until  1791, 
when  he  was  elected  chief  justice  of  his  native  State.  After- 
wards he  was  appointed  Chief  Justice  of  the  United  States,  but, 
owing  to  enfeebled  mental  powers,  was  never  confirmed  by  the 
Senate.  He  died  in  1800. 


0 HARLE  S  C  OTE  S WORTH  PI  C KNEY. 
Nat- 1746  -  Ot-1825.       / 


OF  THE  FEDERAL   CONVENTION. 


CHARLES     COTESWORTH 


I99 


THE  family  of  Pinckney  is  of  English  origin,  and  settled  in 
South  Carolina  in  1692.  Charles  Cotesworth,  the  son  of  Charles 
and  Eliza  (Lucas)  Pinckney,  was  born  February  25,  1746.  When 
he  was  seven  years  of  age,  he  was  sent  to  England  to  receive  his 
education  ;  after  five  years  of  private  tuition  he  was  fitted  for 
Westminster,  and  in  due  time  for  Christ  Church,  Oxford.  There 
he  had  the  advantage  of  listening  to  the  law  lectures  of  Judge 
Blackstone,  of  which  he  took  ample  notes.  He  left  Oxford  at  the 
age  of  eighteen,  and  was  entered  as  a  student  of  law  at  the 
Temple.  He  returned  to  South  Carolina  in  1769,  after  a  short 
tour  on  the  continent  and  nine  months  of  military  study  at  the 
Royal  Academy  of  Caen,  in  Normandy.  His  commission  to  prac- 
tise law  in  the  provincial  court  is  dated  January  19,  1770.  He 
soon  acquired  a  large  practice,  but  the  Revolution  interrupted  it 
and  called  his  military  attainments  into  action.  During  the  war  he 
rose  to  the  rank  of  brigadier-general.  He  was  taken  prisoner  at 
the  fall  of  Charleston,  and  remained  a  captive  nearly  two  years. 
During  this  time  he  suffered  from  the  arrogance  of  his  captors, 
but,  as  has  been  said,  "  nothing  could  shake  the  firmness  of  his 
soul  ;  oppression  might  drive  the  iron  into  it,  but  it  could  not 
weaken  its  integrity.  Threats  and  temptation  were  alternately 
used,  but  in  vain."  He  was  ordered  from  the  death-bed  of  his 
son  into  closer  confinement,  and  was  forced  to  comply.  To 
Major  Money,  of  the  British  army,  he  wrote  in  the  following  bold 
and  eloquent  strain  :  "I  entered  into  this  cause  after  reflection  and 
through  principle.  My  heart  is  altogether  American,  and  neither 
severity,  nor  favor,  nor  poverty,  nor  affluence  can  ever  induce  me 
to  swerve  from  it."  To  Captain  McMahon,  another  British  officer, 
he  emphatically  says  :  "  The  freedom  and  independence  of  my 
country  are  the  gods  of  my  idolatry."  After  the  war  he  resumed 
the  practice  of  law,  in  which  he  was  very  successful,  and  in  1787 


200  BIOGRAPHIES  OF  THE  MEMBERS 

was  chosen  a  member  of  the  Federal  Convention.  He  had 
already  had  some  experience  in  the  work  he  was  now  called  to 
perform,  having  in  1778  been  a  member  of  the  constitutional 
convention  of  South  Carolina.  In  that  body  he  successfully 
sustained  a  proposition  of  the  Rev.  William  Tennant  to  secure 
liberty  and  equality  to  all  Protestant  sects.  In  the  Federal  Con- 
vention he  took  an  active  part  in  the  debates,  and  his  views  are 
clearly  and  forcibly  expressed.  He  seconded  the  motion  of 
Charles  Pinckney  that  the  following  clause  should  be  made  a 
portion  of  the  Constitution :  "  No  religious  test  shall  ever  be 
required  as  a  qualification  to  any  office  or  public  trust  under 
the  authority  of  the  United  States."  He  also  moved  to  strike 
out  the  clause  allowing  compensation  to  senators,  as  that  body 
ought  to  be  composed  of  persons  of  wealth,  and  then  the 
wealthy  alone  would  undertake  the  service.  He,  at  first,  doubted 
whether  the  Constitution  should  deviate  far  from  the  Confed- 
eration, but,  as  the  debate  went  on,  favored  a  far  more  effective 
government.  He  proposed  seven  years  as  the  executive  term, 
but  disapproved  of  impeachment  of  the  President  by  the  national 
legislature.  He  proposed  that  representatives,  as  well  as  sena- 
tors, should  be  elected  by  the  State  legislatures,  and  he  op- 
posed the  exclusive  right  of  the  House  to  originate  money  bills. 
He  also  objected  to  making  senators  and  members  ineligible  to 
State  offices.  He  contended  for  Southern  interests  in  fixing  the 
proportion  of  representation,  and  thought  that  whites  and  blacks 
should  be  equally  estimated  in  determining  the  ratio.  He  wished 
a  specific  enumeration  of  the  powers  of  Congress,  and  doubted 
whether  there  should  be  a  power  to  amend  the  Constitution. 
After  the  adoption  of  the  Constitution  he  was  an  ardent  Federalist. 
He  was  offered  a  place  on  the  Supreme  Bench,  then  the  post  of 
Secretary  of  War  as  the  successor  of  General  Knox,  and  after- 
wards, on  the  removal  of  Mr.  Randolph,  that  of  Secretary  of 
State.  These  positions  he  declined ;  but  in  1 796,  when  Monroe 


OF   THE  FEDERAL    CONVENTION.  2OI 

ceased  to  represent  the  views  of  the  government,  he  accepted  the 
mission  to  France.  The  Directory  refused  to  receive  him,  and  he 
was  reminded  that  the  law  forbade  any  foreigner  to  stay  more 
than  thirty  days  in  France  without  leave  to  do  so.  For  this 
permission  Pinckney  refused  to  apply,  and  after  remaining  two 
months  in  Paris  he  was  requested  to  quit  the  republic.  He 
retired  to  Amsterdam,  where  he  was  joined  by  Marshall  and 
Gerry  ;  and  as  the  three  envoys  failed  to  settle  the  existing  diffi- 
culties, Pinckney  and  Marshall  returned  to  America.  It  was  while 
on  this  mission  that  Pinckney  made  his  famous  reply  to  an  inti- 
mation that  peace  might  be  secured  with  money :  "  MILLIONS  FOR 
DEFENCE,  BUT  NOT  A  CENT  FOR  TRIBUTE  !"  While  war  seemed 
imminent,  President  Adams  appointed  Washington  to  the  com- 
mand of  the  army,  and  left  to  his  judgment  the  selection  of  his 
general  officers.  Pinckney  was  commissioned  major-general,  but 
was  second  to  Hamilton,  who  had  been  his  junior  during  the 
Revolution.  When  his  attention  was  called  to  this  fact,  he  replied, 
"I  am  confident  that  General  Washington  had  sufficient  reasons 
for  this  preference.  Let  us  first  dispose  of  our  enemies ;  we  shall 
have  leisure  then  to  settle  the  question  of  rank."  In  1790, 
General  Pinckney  was  again  a  member  of  the  State  constitutional 
convention  ;  and  in  the  close  election  of  1800  was  the  Federal 
candidate  for  Vice-President  of  the  United  States.  He  died  at 
Charleston,  August  16,  1825.  General  Pinckney's  hospitality  was 
unbounded  ;  his  manners  were  easy,  frank,  and  cordial,  and  his 
conversation,  as  might  have  been  expected  from  his  education, 
instructive  and  amusing.  A  strict  Episcopalian  himself,  he  had 
a  keen  respect  for  the  convictions  of  others  ;  and  so  highly  was  his 
liberality  in  religious  affairs  respected  that  for  years  he  was  chosen 
president  of  the  Bible  Society  of  Charleston.  His  character  was 
well  summed  up  by  the  late  Charles  Chauncey,  who  spoke  of  him 
as  "  the  man  whose  love  of  honor  was  greater  than  his  love  of 
power  and  deeper  than  his  love  of  self." 

VOL.  I. — 27 


202  BIOGRAPHIES  OF  THE  MEMBERS 

CHARLES    PINCKNEY. 

CHARLES  PINCKNEY  was  born  in  Charleston,  S.  C,  in  1 758. 
He  received  his  education  in  his  native  town,  and  studied  law 
under  his  father.  In  1779  he  was  elected  a  member  of  the 
legislature,  and  in  the  following  year  was  captured  by  the  Brit- 
ish and  sent  to  St.  Augustine,  Fla.,  where  he  was  detained  on  a 
prison  ship  for  some  time.  In  1785  he  was  elected  to  the  Conti- 
nental Congress  and  served  until  1788.  He  was  one  of  the  four 
delegates  from  South  Carolina  to  the  Federal  Convention,  in 
which  he  acted  a  distinguished  part.  He  submitted  and  advocated 
with  great  ability  a  plan  of  government  prepared  by  himself,  a 
large  portion  of  which  was  incorporated  into  the  Constitution. 
Some  discredit  has  been  cast  upon  Pinckney's  authorship  of  a 
distinct  plan  by  Bancroft,  who  says  that  "  Charles  Pinckney,  of 
South  Carolina,  a  young  man  of  twenty-nine  then,  presented  a 
plan  for  a  Constitution  'grounded  on  the  same  principles  as  the 
resolutions'  of  Virginia.  It  received  the  same  reference,  but  no 
part  of  it  was  used,  and  no  copy  of  it  has  been  preserved."  His 
authority  is  Yates  in  i  Elliot.  An  examination  of  the  "  Madison 
Papers,"  published  as  a  supplement  to  Elliot's  "  Debates,"  shows 
that,  on  May  29,  Mr.  Pinckney  did  present  a  plan  which  he  had 
prepared,  and  the  plan  itself,  consisting  of  sixteen  articles,  is  printed 
in  full.  Mr.  Madison,  in  a  note  published  in  the  appendix,  says, 
however,  that  no  copy  of  the  plan  was  taken  at  the  time,  and  that 
the  one  inserted  in  the  "Debates"  was  taken  from  the  paper  fur- 
nished to  the  Secretary  of  State,  and  contained  in  the  journal  of  the 
Convention,  published  in  1819.  A  comparison  of  the  paper  with 
the  Constitution  in  its  final  form,  and  with  the  propositions  and 
speeches  of  Mr.  Pinckney  in  the  Convention,  shows  a  considerable 
variance,  and,  in  the  opinion  of  Mr.  Madison,  stamps  the  paper  as 
an  effort  to  reproduce,  after  the  lapse  of  many  years,  what  had 
passed  in  the  Convention,  and  that,  therefore,  the  paper  is  not  to 


• 


OHAKLES  PINCKN.KY 
Nab-1758-0b-1824. 


PIERCTE   BUTLER. 
Nat-1744—  Oi-1822. 


OF  THE  FEDERAL   CONVENTION.  203 

be  relied  on  as  original.  However  this  may  be,  Mr.  Pinckney 
took  an  active  part  in  the  work  of  the  Convention,  and  was  fre- 
quently upon  the  floor.  It  was  on  his  motion  that  the  clause 
was  inserted  in  the  Constitution  forbidding  a  religious  test.  He 
was  a  leading  member  in  favor  of  ratification  in  the  South  Caro- 
lina Convention  called  for  that  purpose.  In  1789  he  was  chosen 
governor  of  South  Carolina,  and  in  the  following  year  was 
president  of  the  State  constitutional  convention.  He  was  re- 
elected  governor  in  1791  and  again  in  1796,  and  served  until 
1798,  when  he  was  elected  to  the  United  States  Senate.  He 
resigned  his  seat  in  1801  to  accept  the  post  of  minister  to 
Spain,  where  he  remained  until  1805.  On  his  return  he  was 
at  once  elected  a  member  of  the  legislature,  and  in  1806  he 
was  for  the  fourth  time  chosen  governor.  He  served  in  the 
State  legislature  from  1810  to  1814;  and  in  1818  was  elected  to 
Congress  for  three  years,  and  distinguished  himself  by  his  opposi- 
tion to  the  Missouri  Compromise.  His  speech  on  that  question 
was  the  last  act  of  his  public  life.  He  was  a  brilliant  speaker,  an 
able  writer,  and  a  conversationalist  of  extraordinary  power.  He 
died  in  Charleston,  October  29,  1824. 

PIERCE    BUTLER. 

PIERCE  BUTLER,  born  in  Ireland,  July  n,  1744,  was  the  third 
son  of  Sir  Richard  Butler,  fifth  baronet,  and  member  of  Parlia- 
ment for  Carlow,  1729-61.  He  was  entered  in  the  army  at  a 
very  early  age,  and,  owing  to  his  father's  wealth  and  influence, 
held  a  commission,  dated  February  15,  1755,  as  lieutenant  in 
the  Twenty-second  Foot  before  he  was  eleven  years  of  age. 
In  1760  he  became  lieutenant,  and  in  1761  captain,  in  the  same 
regiment.  In  July,  1762,  he  exchanged  into  the  Twenty-ninth 
Foot,  of  which  he  became  major  on  April  20,  1766.  He  was 
for  some  years  stationed  in  America,  but  sold  his  commission 
in  1773  in  South  Carolina,  where  he  had  married,  in  1768,  a 


204 


BIOGRAPHIES  OF  THE  MEMBERS 


daughter  of  Colonel  Middleton.  After  the  Revolution  he  took 
an  active  part  in  local  politics;  and  on  March  6,  1787,  he  was 
appointed  a  delegate  to  the  Continental  Congress  from  South 
Carolina,  but  did  not  take  his  seat  until  August  2,  having  been  in 
the  mean  time  chosen  one  of  the  representatives  of  his  State  in 
the  Federal  Convention,  in  whose  debates  he  took  an  active  part. 
He  proposed  a  rule  to  provide  against  absence  from  the  Con- 
vention and  an  improper  publication  of  its  proceedings.  He 
objected  to  a  reduction  of  the  powers  of  the  States,  but  approved 
of  the  distribution  of  the  powers  of  the  government  as  stated  in 
the  Virginia  plan.  Bancroft  says  that  Butler  "advanced  the  busi- 
ness of  the  day  by  saying,  in  the  spirit  of  Montesquieu,  '  Here- 
tofore I  have  opposed  the  grant  of  new  powers  to  Congress,  be- 
cause they  would  all  be  vested  in  one  body ;  the  distribution  of 
the  powers  among  different  bodies  will  induce  me  to  go  great 
lengths  in  its  support.'  '  He  opposed  a  triple  executive,  and 
favored  a  single  one,  the  power  of  making  war  to  be  vested  in 
the  President,  with  power  also  to  suspend  laws  for  a  limited  time, 
but  without  an  absolute  negative  in  matters  of  legislation.  He 
urged  a  settlement  of  the  ratio  of  representation  in  the  Senate 
before  deciding  upon  that  of  the  House  ;  objected  to  compensa- 
tion of  senators,  and,  as  property  was  the  true  basis  of  represen- 
tation, contended  that  the  States  be  represented  in  the  Senate 
and  in  the  House  according  to  wealth  or  contribution.  He 
thought  that  blacks  and  whites  should  be  equally  included  in 
fixing  the  proportion  of  representation.  He  opposed  the  election 
of  representatives  by  the  people,  and  thought  that  members  of 
Congress  should  be  paid  by  the  States.  He  opposed  the  power 
of  Congress  to  tax  exports,  to  emit  bills  of  credit,  or  to  negative 
State  laws.  He  proposed  that  fugitive  slaves  should  be  given 
up;  that  the  seat  of  government  -  should  be  fixed  by  the  Consti- 
tution, and  that  a  ratification  of  the  instrument  by  nine  States 
should  be  sufficient.  In  1789  he  was  elected  one  of  the  first 


WILLIAM 

-  Obrl828. 


from.  tfi<- .  l//f>/,,/r,tv  ,f,  tfwpassafsiwtrf&r' 


OF  THE  FEDERAL    CONVENTION,  205 

United  States  senators  from  South  Carolina,  and  served  until 
1796,  when  he  resigned.  He  was  re-elected  in  1802,  and  again 
resigned  in  1804.  Butler  was  an  active  member  of  the  Senate, 
generally  in  opposition  to  Washington's  administration.  He  was 
one  of  the  ten  Democrats  who  voted  in  favor  of  Jay's  treaty,  in 
consequence  of  which  he  was  much  twitted  in  the  lampoons  of  the 
day  with  his  noble  birth,  of  which  he  was  inordinately  vain.  He 
was  at  times  a  director  of  the  first  and  second  Banks  of  the 
United  States.  He  died  in  Philadelphia,  February  15,  1822,  and 
was  buried  in  the  family  vault  at  Christ  Church. 

WILLIAM     KETW. 

WILLIAM  FEW  was  born  in  Baltimore  County,  Md.,  June 
8,  1748.  In  1758  his  father  removed  with  his  family  to  North 
Carolina,  and  here,  with  but  little  more  than  a  year's  attendance 
at  a  village  school,  the  early  years  of  Few's  life  were  spent  in 
farming.  Imbued  with  an  insatiable  thirst  for  knowledge,  his 
spare  time  was  devoted  to  reading  everything  which  came  in  his 
way,  and  attending  the  county  court  in  search  of  that  knowledge 
which  enabled  him,  after  the  war,  to  gain  admittance  to  the  bar 
and  begin  the  study  and  practice  of  the  law  at  the  same  time. 
In  1776,  Few  removed  to  Georgia,  and  was  soon  afterwards 
elected  a  member  of  the  Executive  Council.  On  the  invasion  of 
Georgia  by  the  British,  he  joined  the  militia,  and  was  appointed 
lieutenant-colonel  of  the  Richmond  County  regiment.  He  was 
a  member  of  the  legislature  from  1778  until  1780,  when  he  was 
elected  a  delegate  to  the  Continental  Congress,  serving  until 
the  end  of  1783.  In  1786  he  was  re-elected  to  Congress,  and 
next  year  was  selected  one  of  the  Georgia  delegation  to  the 
Federal  Convention.  He  took  no  part  in  the  debates.  In  1789 
he  was  chosen  United  States  senator,  and  served  until  1793, 
when  he  resumed  the  practice  of  his  profession.  In  1799  ne 
removed  to  New  York,  and  served  in  the  legislature  of  that 


206  BIOGRAPHIES  OF  THE  MEMBERS 

State  from  1801   to  1804.     He  died  at  Fishkill,  on  the  Hudson, 
July  1 6,  1828. 

ABRAHAM     BALDWIN. 

ABRAHAM  BALDWIN,  one  of  the  delegates  from  Georgia  to  the 
Convention  that  framed  the  Constitution  of  the  United  States, 
was  born  in  North  Guilford,  Conn.,  November  22,  1754,  being 
the  second  son  of  Michael  Baldwin  and  Lucy  Dudley.  From  the 
village  school  he  entered  Yale  College,  and  graduated  in  1772. 
In  1 775  he  was  appointed  tutor  in  that  institution,  and  continued 
to  serve  as  such  until  1779.  In  1781  he  declined  the  chair  of 
professor  of  divinity  and  the  position  of  college  pastor.  During 
the  Revolution  he  served  a  short  time  as  a  chaplain  in  the 
army.  He  subsequently  opened  a  school,  and  devoted  all  of  his 
leisure  time  to  the  study  of  law.  In  1784  he  emigrated  to 
Georgia,  and,  having  been  admitted  to  the  bar,  opened  an  office 
in  Richmond  County.  He  travelled  an  extensive  circuit  and  ob- 
tained many  clients.  On  one  occasion,  having  won  a  case,  more, 
perhaps,  by  his  tactics  than  by  the  authorities  of  the  law,  the 
losing  party,  a  very  litigious  and  irascible,  but  influential,  man, 
accosted  him  and  said,  "  Young  man,  they  have  used  you  as  a 
stick  to  beat  me  with  this  time,  but  henceforth  you  shall  be  my 
stick  and  beat  everybody  else,"  and  he  immediately  retained  Mr. 
Baldwin  in  several  suits.  In  less  than  three  months  after  his 
admission  to  the  bar  he  was  elected  to  the  legislature,  and  early 
in  the  session  showed  his  interest  in  the  cause  of  education  by 
the  introduction  of  a  bill  to  establish  the  University  of  Georgia. 
For  his  services  in  its  behalf  his  name  was  coupled  with  that  of 
John  Milledge,  its  benefactor,  and  a  marble  pillar  was  erected 
in  their  honor  on  the  college  campus.  For  several  years  Mr. 
Baldwin  was  president  of  the  University.  In  1785  he  was  chosen 
a  member  of  the  Continental  Congress,  and  again  in  1787;  the 
same  year  he  was  chosen  a  delegate  to  the  Federal  Convention. 
He  thought  that  there  should  be  a  representation  of  property 


ABRAHAM  BALDWIN. 
Nat-1754-Ob-lSOZ. 


JFrcm  a  Prisij;  tit/  J.fi.farreet. 


WILLIAM    JACKSON 
Nat-1759-0fc-1828 


from 


ffistorital  Society 


OF  THE  FEDERAL    CONVENTION.  207 

in  the  Senate.  He  desired  the  question  of  interference  with 
slavery  to  be  left  entirely  to  the  States,  and  preferred  a  pro- 
vision that  the  claims  to  the  public  lands  should  not  be  affected 
by  the  Constitution.  After  the  adoption  of  the  Constitution  he 
was  continued  a  member  of  the  House  of  Representatives  until 
1799,  when  he  was  transferred  to  the  United  States  Senate,  and 
held  office  until  his  death,  March  4,  1807.  In  the  periods  of 
transition  that  preceded  and  followed  the  adoption  of  the  Con- 
stitution Mr.  Baldwin  retained  a  firm  grasp  on  the  confidence 
of  the  people  and  bore  an  important  part.  In  the  Convention 
he  was  a  distinguished  member,  and  in  debate  made  use  of  the 
following  striking  expression  :  "  Political  power  is  like  the  screw 
in  mechanics  :  it  holds  all  it  has,  and  every  turn  gives  it  more." 
While  a  strong  advocate  of  the  Constitution,  in  the  division  of 
party  that  followed  its  adoption  he  sided  with  the  Democrats, 
and  insisted  upon  a  strict  construction  of  its  language.  He  was 
a  man  of  large  benevolence,  and,  while  young,  provided  for  the 
education  of  his  brothers  and  sisters,  who  had  been  left  destitute 
by  the  death  of  their  father.  He  was  industrious  to  an  extreme, 
and  was  never  absent  a  day  from  his  place  in  Congress  until 
the  beginning  of  his  fatal  sickness.  He  died  unmarried.  He 
was  a  brother-in-law  of  the  poet  Joel  Barlow  and  a  half  brother 
of  Henry  Baldwin,  judge  of  the  Supreme  Court  of  the  United 
States.  In  Georgia  a  county  bears  his  name  and  preserves  his 

memory. 

WILLIAM:  JACKSON. 

WILLIAM  JACKSON,  the  secretary  of  the  Convention,  was 
born  in  Cumberland,  England,  March  9,  1759,  and  was  sent  at 
an  early  age  to  Charleston,  S.  C,  where,  under  the  guar- 
dianship of  Colonel  Owen  Roberts,  he  received  his  education. 
He  was  commissioned  a  lieutenant  in  the  First  South  Carolina 
Regiment,  in  June,  1775  ;  was  promoted  captain  in  1779,  and  soon 
afterwards  was  appointed  aide-de-camp  to  General  Lincoln,  with  the 


208  BIOGRAPHIES  OF  THE  MEMBERS 

rank  of  major.  He  was  actively  engaged  in  the  Revolution  until 
the  surrender  of  Charleston,  in  1780,  when  he  became  a  prisoner. 
Having  been  exchanged  in  February,  1781,  he  was  appointed 
secretary  to  John  Laurens  on  his  mission  to  France  for  the  pur- 
chase of  supplies.  On  his  return  to  America,  he  became  Assistant 
Secretary  of  War,  under  his  old  commander,  Lincoln.  This  office 
he  resigned  in  1 783,  in  order  to  visit  Europe  on  private  business. 
In  the  following  year  he  settled  himself  in  Philadelphia,  and  began 
the  study  of  law  in  the  office  of  William  Lewis,  and  was  admitted 
to  the  bar  in  1788.  On  the  organization  of  the  Federal  Conven- 
tion he  was,  on  the  recommendations  of  Washington  and  Hamilton, 
chosen  its  secretary,  his  competitor  being  William  Temple  Frank- 
lin, grandson  of  the  famous  doctor.  "  The  delicate  nature  of  the 
Convention's  work,  and  the  difficulties  which  beset  it,  required  that 
its  business  should  be  conducted  with  the  greatest  secrecy.  How 
conscientiously  Jackson  fulfilled  the  trust  reposed  in  him  is  evident 
from  the  fact  that  no  paper  exists  in  his  handwriting  giving  the 
least  idea  of  the  proceedings  of  the  Convention,  and  that  the  same 
feeling  which  prompted  him  to  destroy  his  memoranda  forbade 
him  from  ever  alluding  to  the  subject."  In  1 789  he  became  private 
secretary  to  Washington,  in  whose  family  he  remained  for  two 
years.  In  1792  he  declined  the  appointment  of  adjutant-general 
of  the  army,  which  was  tendered  him  by  Washington,  and  devoted 
himself  to  the  practice  of  his  profession.  In  1796,  Washington 
appointed  him  surveyor  of  the  port  of  Philadelphia,  from  which 
office  he  was  removed  by  Jefferson  in  1802.  His  eulogy  on 
General  Washington  was  prepared  at  the  request  of  the  Society 
of  the  Cincinnati,  of  which  Jackson  was  for  many  years  secre- 
tary-general. He  died  in  Philadelphia,  December  17,  1828,  and 
was  buried  in  Christ  Church  burial-ground,  at  Fifth  and  Arch 
Streets. 


ELBRIDQE    GERRY 
Nat-1744-OJo-1814. 


D-om  the.  Miniature,  in  t/u,  possessions 


OF  THE  FEDERAL    CONVENTION.  2OQ 

The  men  who  signed  the  Constitution  enjoy  a  distinction  which 
is  not  shared  by  their  fellow-members  of  the  Convention.  They 
have  a  glory  all  their  own.  They  not  only  wrought  as  archi- 
tects, but  stood  by  their  plans  and  attested  them  by  affixing  their 
names  to  an  instrument  as  immortal  as  the  Declaration  of  Inde- 
pendence, and  far  more  remarkable  as  a  political  and  intellectual 
achievement. 

We  now  present  sketches  of  the  men  who  distinctly  refused 
to  sign. 

ELBRIDQE     QKRRY. 

ELBRIDGE  GERRY  enjoys  the  distinction  of  being  the  fifth  signer 
of  the  Declaration  of  Independence ;  but  though  a  member  of  the 
Federal  Convention  and  actively  participating  in  its  debates  until 
the  close,  he  firmly  refused  to  sign  the  Constitution.  He  was  born 
in  the  town  of  Marblehead,  Mass.,  in  the  year  1744,  his  father 
being  a  merchant  of  considerable  means.  He  was  educated  at 
Harvard  University,  and  received  his  degree  of  Bachelor  of  Arts 
in  1762.  He  then  applied  himself  to  mercantile  pursuits,  and 
while  still  young  acquired  a  large  estate  and  stood  well  among  the 
merchants  of  his  State.  His  attention  was  soon  directed  to  the 
political  concerns  of  the  province;  and  in  May,  1773,  he  took  his 
seat  in  the  General  Court  of  Massachusetts  Bay,  and  became,  from 
that  moment,  one  of  the  most  zealous  political  leaders  in  the 
country.  In  the  eventful  controversy  between  Governor  Hutchin- 
son  and  the  province,  the  impeachment  of  the  judges,  the  opposi- 
tion to  the  importation  of  tea,  and  to  the  Boston  port  bill,  in  the 
establishment  of  the  non-intercourse  system,  and  of  close  corre- 
spondence with  the  other  colonies,  Mr.  Gerry  bore  a  leading  part. 
He  became  a  member  of  the  Provincial  Congress  and  of  the  Com- 
mittee of  Safety.  In  the  early  part  of  1776  he  was  chosen,  with 
Hancock,  the  Adamses,  and  Paine,  to  the  Continental  Congress  at 
Philadelphia,  and  with  them  signed  the  Declaration.  For  five 
years  Mr.  Gerry  remained  a  member  of  that  body,  and  served 

VOL.  I. — 28 


2io  BIOGRAPHIES  OF  THE  MEMBERS 

upon  all  the  important  committees,  distinguishing  himself  by  his 
close  attention  to  questions  of  finance,  trade,  and  the  supply  of 
the  army.  In  1780  he  retired,  as  did  so  many  of  the  eminent 
names  in  American  history,  and  did  not  return  to  public  service 
until  June,  1783,  and  then  served  until  September,  1785.  He  was 
chosen  as  a  delegate  to  the  Annapolis  Convention,  with  Lieuten- 
ant-Governor  Gushing,  Francis  Dana,  and  Stephen  Higginson,  but 
all  declined  the  appointment,  viewing  the  measures  proposed  as 
too  limited  and  inefficient  for  the  purposes  intended.  In  1787  he 
became  a  member  of  the  Federal  Convention,  and  strenuously  op- 
posed what  he  deemed  the  aristocratic  or  monarchical  features  of  the 
plans  proposed.  These  appeared  so  objectionable  that  he  refused 
to  sign,  as  did  George  Mason  and  Edmund  Randolph,  of  Virginia. 
In  a  letter  to  his  constituents  he  explained  his  position  as  follows: 
"  It  was  painful  for  me,  on  a  subject  of  such  national  importance, 
to  differ  from  the  respectable  members  who  signed  the  Constitu- 
tion. But  conceiving,  as  I  did,  that  the  liberties  of  America  were 
not  secured  by  the  system,  it  was  my  duty  to  oppose  it.  My 
principal  objections  to  the  plan  are,  that  there  is  no  adequate  pro- 
vision for  a  representation  of  the  people ;  that  they  have  no  secu- 
rity for  the  right  of  election ;  that  some  of  the  powers  of  the 
legislature  are  ambiguous,  and  others  indefinite  and  dangerous ; 
that  the  executive  is  blended  with,  and  will  have  an  undue  influence 
over,  the  legislature ;  that  the  judicial  department  will  be  oppres- 
sive ;  that  treaties  of  the  highest  importance  may  be  formed  by 
the  President,  with  the  advice  of  two-thirds  of  a  quorum  of  the 
Senate ;  and  that  the  system  is  without  the  security  of  a  bill  of 
rights.  These  are  objections  which  are  not  local,  but  apply  equally 
to  all  the  States."  These  views  and  those  of  others  who  con- 
curred were  so  potent  as  to  prove  a  direct  cause  of  the  eleven 
amendments  to  the  Constitution,  many  of  which  were  made  the 
conditions  of  ratification  by  Massachusetts,  Virginia,  and  other 
States.  Gerry  failed  to  be  elected  to  the  Massachusetts  Conven- 


EDMUND  RANDOLPH, 
Nat.1753-0t.1813 


From  tfu  ordinal paintinf  in  the  Sta&House.  Rukmond.  Va. 


OF  THE  FEDERAL    CONVENTION.  2 1 1 

tion,  but  was  invited  to  sit  in  conference  and  give  written  opinions 
when  requested.  When  the  new  government  went  into  effect, 
Mr.  Gerry  became  a  member  of  Congress,  and  served  for  two 
terms.  In  1797  he  was  sent  as  one  of  the  envoys  to  France.  He 
subsequently  became  governor  of  Massachusetts ;  and  on  the  4th 
of  March,  1813,  was  inaugurated  Vice-President  of  the  United 
States,  and  died,  while  holding  that  office,  November  23,  1814,  at 
the  age  of  seventy.  His  career  amply  illustrated  his  own  maxim : 
"  It  is  the  duty  of  every  citizen,  though  he  may  have  but  one  day 
to  live,  to  devote  that  day  to  the  service  of  his  country." 

EDMUND     RANDOLPH. 

EDMUND  RANDOLPH  was  born  in  Virginia,  August  10,  1753, 
and  was  graduated  in  1771,  at  William  and  Mary  College.  He 
studied  law,  and  had  attained  distinction  at  the  bar  before  the 
troubles  with  Great  Britain  called  him  to  more  energetic  scenes. 
He  had  warmly  espoused  the  cause  of  his  native  country  from  the 
earliest  signs  of  the  approaching  quarrel,  thereby  incurring  the 
displeasure  of  his  father,  a  stanch  royalist,  who  eventually,  it  is 
said,  disinherited  him.  In  August,  1775,  he  became  aide-de-camp 
to  Washington,  whose  confidence  and  esteem  he  soon  won.  In 
May,  1776,  he  was  elected  a  delegate  to  the  Virginia  Convention, 
which,  two  months  later,  made  him  the  first  attorney-general  under 
the  new  constitution,  an  office  held  under  the  old  government  for 
nearly  thirty  consecutive  years  by  members  of  his  family ;  and 
before  the  close  of  the  year  the  people  of  Williamsburg,  then  the 
capital  of  Virginia,  elected  him  their  mayor.  After  acting  as  clerk 
of  the  House  of  Delegates  for  one  session,  he  was  chosen  a 
member  of  the  Continental  Congress,  in  whose  proceedings  he 
took  a  prominent  part  until  the  expiration  of  his  term,  in  1782. 
Returning  to  Virginia,  "his  success  at  the  bar  was  extraordinary. 
Clients  filled  his  office,  and  beset  him  on  his  way  to  court  with 
their  papers  in  one  hand  and  with  guineas  in  the  other."  In  1 786 


212  BIOGRAPHIES  OF  THE  MEMBERS 

he  was  elected  governor  for  the  term  of  two  years,  and  was  also 
chosen  one  of  the  delegates  to  the  Annapolis  Convention.  In  the 
following  year  he  was  appointed  one  of  the  brilliant  delegation 
sent  by  Virginia  to  the  Federal  Convention.  After  an  organiza- 
tion had  been  effected,  Randolph,  in  an  eloquent  and  lengthy 
speech,  introduced  the  business  which  had  brought  them  together. 
He  set  forth  in  detail  the  defects  of  the  existing  Confederacy,  the 
dangers  and  confusion  arising  from  its  weakness,  and  introduced, 
in  a  series  of  resolutions  prepared  by  Madison,  an  outline  of  the 
remedies  proposed.  The  consideration  of  these  resolutions,  which 
are  known  as  the  "Virginia  plan,"  occupied  the  Convention  until 
the  1 5th  of  June,  when  four  days  were  devoted  to  the  plan  in- 
troduced by  Mr.  Paterson,  of  New  Jersey.  On  the  igth,  Ran- 
dolph's resolutions,  as  amended  in  committee  of  the  whole,  were 
adopted  as  the  basis  for  the  formation  of  the  Constitution.  In  the 
debates  of  the  Convention  Randolph  bore  a  distinguished  part. 
He  advocated  a  plural  executive,  provision  for  the  impeachment 
of  the  President  and  his  ineligibility  to  a  second  term,  a  seven 
years'  term  for  senators,  biennial  election  of  representatives,  peri- 
odical apportionment  of  representation,  the  exclusive  right  of  the 
representatives  to  originate  money  bills,  compulsory  attendance  of 
members,  their  right  to  enter  dissent  on  the  journals,  their  ineligi- 
bility to  other  offices,  the  regulation  of  the  militia  by  the  national 
government,  inferior  national  courts,  the  definition  of  treason  in 
the  British  statute,  a  compromise  on  the  slave-trade,  amendments 
to  the  Constitution  without  the  assent  of  Congress,  ratification  by 
State  conventions,  and  a  second  general  convention  for  final  rati- 
fication. He  opposed  granting  undefined  powers  to  Congress, 
investing  the  executive  with  an  absolute  veto  power,  the  Vice- 
President's  presiding  over  the  Senate,  the  payment  of  representa- 
tives by  the  States,  the  fixing  a  time  for  the  meeting  of  Congress, 
the  prohibition  of  Congress  to  issue  bills  of  credit,  navigation  acts 
being  passed  by  a  majority,  and  the  removal  of  judges  on  appli- 


OF  THE  FEDERAL    CONVENTION. 


213 


cation  of  Congress.  And,  finally,  on  the  completion  of  the  Con- 
stitution, he  objected  to  the  powers  conferred  on  the  President  and 
Senate,  the  want  of  a  more  definite  boundary  between  State  and 
national  authority,  the  rejection  of  his  proposed  second  general 
convention,  and  refused  to  affix  his  signature.  In  spite  of  his 
objections,  on  the  assembling  of  the  Virginia  Ratification  Conven- 
tion, he  ranged  himself  on  the  side  of  the  Constitution,  and  warmly 
urged  its  adoption.  On  the  2Qth  of  September,  1789,  he  entered 
Washington's  cabinet  as  the  first  Attorney-General  of  the  United 
States,  and  from  this  office  was  transferred,  in  January,  1794,  to 
that  of  Secretary  of  State.  In  August,  1795,  he  was  compelled  to 
resign,  on  account  of  an  intrigue  with  the  French  envoy.  He 
published  a  vindication  of  his  conduct,  in  which  he  cleared  himself 
of  the  charge  of  bribery.  He  afterwards  practised  law  until  his 
death,  which  occurred  in  Frederick  County,  Va.,  on  the  I2th  of 
September,  1813.  Randolph  was  a  portly  man,  nearly  six  feet  in 
height,  with  a  remarkably  handsome  face,  illuminated  by  a  brilliant 
pair  of  very  large  and  dark  eyes.  In  speaking,  his  attitudes  were 
dignified  and  commanding,  his  gestures  easy  and  graceful,  his 
voice  unusually  harmonious,  his  style  polished  and  ornate,  but 
often  wanting  in  fluency.  His  literary  attainments  were  of  high 
order.  He  studied  the  English  classics  with  the  closest  attention, 
delighted  in  philosophy  and  metaphysics,  and  "loved  poetry  as  a 
kinsman  of  Thomas  Randolph,  the  boon  companion  of  Shakespeare 
and  Ben  Jonson,  was  bound  to  love  it."  His  legal  knowledge  was 
varied  and  profound,  but  his  whole  character  was  marred  by  a 
spirit  of  vacillation,  which  inclined  him  to  temporize  and  compro- 
mise all  dangerous  political  questions.* 

*  Contributed  by  Charles  R.  Hildeburn. 


214  BIOGRAPHIES  OF  THE  MEMBERS 

GEORGE    MASON. 

GEORGE  MASON,  one  of  the  most  remarkable  men  of  Virginia 
belonging  to  the  Revolutionary  period,  was  descended  from 
Colonel  George  Mason,  a  member  of  Parliament  in  the  reign  of 
Charles  I.,  and  an  officer  in  the  army  of  Charles  II.,  at  the  battle 
of  Worcester,  after  which  he  escaped  to  Virginia  in  disguise, 
losing  all  his  estate  in  England.  He  was  born  in  Stafford  (now 
Fairfax)  County,  Va.,  in  1726,  and  became  the  intimate  friend  as 
well  as  neighbor  of  George  Washington.  He  drafted  the  non- 
importation resolutions  which  were  presented  to  and  adopted  by 
the  Virginia  Assembly  in  1 769.  One  of  these  resolutions  pledged 
the  planters  to  purchase  no  slaves  imported  after  November  i, 
of  that  year.  In  1775  he  became  a  member  of  the  Virginia 
Convention,  but  declined  an  election  to  Congress,  urging  Francis 
Lightfoot  Lee  to  take  his  place,  and  he  served  with  reluctance  as  a 
member  of  the  Committee  of  Safety.  He  was  the  author  of  the 
famous  "Declaration  of  Rights,"  and  the  "Plan  of  Government," 
adopted  by  Virginia  in  1776.  He  took  an  active  part  in  revising 
the  statutes  of  his  State ;  and  while  a  member  of  the  legislature, 
attracted  attention  because  of  his  great  ability  as  a  debater.  In 
1777  he  became  a  member  of  the  Continental  Congress,  and  in 
1787  was  sent  to  the  Federal  Convention,  where  he  took  a  very 
active  part  in  the  debates.  He  favored  an  election  of  the  Presi- 
dent directly  by  the  people  for  a  single  term  of  seven  years.  He 
opposed  the  postponement  of  the  repeal  of  the  slave-trade,  the 
counting  of  slaves  as  a  basis  of  representation,  and  the  establishment 
of  a  property  basis  for  suffrage.  He  considered  some  features  of 
the  Constitution  as  agreed  on  in  Convention  so  dangerous  that  he 
distinctly  refused  to  sign.  He  declared  that  the  plan  as  it  stood 
would  end  in  either  monarchy  or  a  tyrannical  aristocracy, — which, 
he  was  in  doubt,  but  one  or  the  other,  he  was  sure.  The  Con- 
stitution had  been  formed  without  the  knowledge  of  the  people. 


GEORGE     MASON. 
Nat -1726-  OB -1792. 


CALEB    STRONG-. 
Nat-1745  -  03-1819 


OF  THE  FEDERAL    CONVENTION. 


215 


He  argued  that  a  second  convention  be  held,  so  that  they  would 
know  more  of  the  sense  of  the  people,  and  be  able  to  provide  a 
system  more  consonant  to  it.  It  was  improper  to  say  to  the 
people,  take  this  or  nothing.  As  the  Constitution  then  stood,  he 
could  neither  give  it  his  support  or  vote  in  Virginia  ;  and  he 
would  not  sign  here  what  he  could  not  support  there.  In  this 
view  he  was  ardently  supported  by  Randolph  and  Gerry.  On 
the  question  —  on  the  proposition  of  Mr.  Randolph  —  for  a  second 
convention  all  the  States  voted  no,  and  on  the  question  to  agree 
to  the  Constitution,  as  it  had  been  amended,  all  the  States  voted 
ay.  The  three  gentlemen  above  named  then  distinctly  refused 
to  sign.  In  the  Virginia  Convention  Mason  ardently  opposed  its 
ratification,  when  some  twenty  amendments  were  proposed.  In 
this  he  was  strenuously  supported  by  Patrick  Henry.  Many  of 
these  amendments  were  subsequently  adopted,  and  are  now  a 
part  of  the  Constitution.  He  was  chosen  one  of  the  first  senators 
of  the  United  States  from  Virginia,  but  declined  the  honor,  and 
spent  the  remainder  of  his  days,  until  his  death,  in  October,  1792, 
in  retirement  upon  his  estate  at  Gunston,  near  Mount  Vernon. 

We  now  present  sketches  of  men  who  attended  the  Federal 
Convention,  participated  in  its  debates,  but  for  various  reasons 
were  absent  on  the  i;th  of  September,  and  hence  did  not  sign 
the  completed  instrument. 


STRONG. 

IN  speaking  of  Caleb  Strong  as  a  member  of  the  Federal 
Convention,  Bancroft  says  that  he  was  "  a  statesman  of  con- 
summate prudence  from  the  valley  of  the  Connecticut,  a  graduate 
of  Harvard,  and  a  fit  representative  of  the  country  people  of 
Massachusetts."  From  a  review  of  his  words  and  acts  the 
student  will  readily  conclude  that  his  mental  qualities  were  solid 
rather  than  brilliant.  His  sound  judgment,  moderation,  plain- 


2I6  BIOGRAPHIES  OF  THE  MEMBERS 

ness  of  speech  and  manner,  sterling  integrity,  and  strength  of 
purpose  induced  his  fellow-citizens  to  elect  him  time  and  again 
to  office.  Without  the  gifts  of  the  orator  or  the  skill  of  the 
politician,  he  won  with  ease  the  confidence  and  esteem  of  his 
constituents,  and  during  a  long  life,  if  he  did  not  awaken  admi- 
ration, never  failed  to  inspire  respect  Sullivan  says  that  he 
was  a  man  of  strong  mind,  calm  disposition,  and  pure  character. 
His  person  was  tall  and  of  moderate  fulness,  his'  visage  was 
long,  his  complexion  dark,  and  his  eyes  blue.  He  was  born 
at  Northampton,  Mass.,  on  the  gth  of  January,  1745,  his  an- 
cestors having  been  among  the  earliest  settlers  in  the  colony. 
He  was  educated  at  Harvard,  and  entered  upon  the  study  of 
the  law,  but  was  deterred  for  some  years  by  ill  health  from  the 
active  practice  of  the  profession.  In  1775,  at  the  age  of  thirty- 
one,  he  was  appointed  one  of  the  commissioners  of  safety,  and 
during  the  whole  of  the  Revolutionary  struggle  was  engaged  in 
the  service  of  the  public, — from  1776  to  1780  as  a  member  of 
the  legislature,  in  1779  as  one  of  the  framers  of  the  constitution 
of  Massachusetts,  and  in  1780  as  one  of  the  council  of  the 
State.  In  the  following  year  he  was  appointed  a  justice  of  the 
Supreme  Court  of  the  State,  but  declined  to  accept  the  office. 
By  a  resolution  of  the  General  Court  of  the  loth  of  March,  1787, 
he  was  appointed  a  delegate  to  the  Federal  Convention,  and  on 
the  Qth  of  April  received  his  commission  from  the  governor. 
His  colleagues  were  Francis  Dana,  Elbridge  Gerry,  Nathaniel 
Gorham,  and  Rufus  King.  Mr.  King  was  the  only  member  from 
Massachusetts  present  on  the  I4th  of  May,  the  day  appointed 
for  the  meeting  of  the  Convention.  Mr.  Strong  did  not  appear 
until  the  28th  of  May.  He  did  not  take  an  active  part  in  the 
debates  of  the  Convention,  but  the  notes  of  Mr.  Madison  show 
that  he  occasionally  entered  into  discussion.  He  seconded  and 
supported  Mr.  Ellsworth's  motion  in  favor  of  annual  elections 
of  members  of  Congress.  In  this  he  was  sustained  by  Wilson 


OF  THE  FEDERAL   CONVENTION.  21  7 

and  Sherman,  and  opposed  by  Madison,  Mason,  and  Hamilton. 
Upon  the  adjustment  of  representation  he  favored  the  commit 
ment  of  the  question,  which  resulted  in  equality  of  State  repre-. 
sentation  in  the  Senate  and  popular  representation  in  the 
House.  In  support  of  the  report  of  the  committee  he  made 
his  most  elaborate  speech,  urging  harmony,  and  contending 
that  if  no  accommodation  took  place  the  Union  itself  must  soon 
be  dissolved.  Upon  the  question  of  associating  the  supreme 
national  judiciary  with  the  executive  in  the  revisionary  power, 
in  order  to  guard  against  abuses  of  power  on  the  part  of 
the  legislature, — a  matter  repeatedly  and  strenuously  urged  by 
Wilson,  Madison,  Ellsworth,  Mason,  and  Gouverneur  Morris,  and 
as  strenuously  opposed  by  Gorham,  Gerry,  and  Luther  Martin, — 
he  contended  that  the  power  of  making  ought  to  be  kept  distinct 
from  that  of  expounding  the  laws.  Upon  the  choice  of  the  exec- 
utive he  favored  appointment  by  the  national  legislature.  The 
remaining  subjects  upon  which  he  expressed  himself  were  the 
compensation  of  members  and  the  importance  of  lodging  the 
exclusive  power  to  originate  money  bills  in  the  House  of  Rep- 
resentatives. He  Aid  not  sign  the  Constitution,  owing  to  his 
absence,  by  leave,  from  the  Convention  on  the  lyth  of  Sep- 
tember. He  was  chosen  a  member  of  the  Massachusetts  Con- 
vention called  to  consider  the  adoption  of  the  Constitution,  which 
met  on  January  9,  1788,  at  the  meeting-house  in  Brattle  Street. 
This  convention  was  composed  of  the  ablest  men  in  the  State. 
John  Hancock,  then  governor,  was  chosen  president ;  William 
Cushing,  then  chief  justice,  was  chosen  vice-president ;  and  G. 
R.  Minot,  the  historian,  was  chosen  secretary.  Upon  the  floor 
were  Samuel  Adams,  Christopher  Gore,  Benjamin  Lincoln,  and 
Theophilus  Parsons.  Besides  these  were  Gorham  and  Rufus 
King,  both  of  whom  had  served  with  Strong  in  the  Federal 
Convention.  Gerry,  although  not  a  member,  was  invited  to  sit 
in  conference  and  give  written  opinions  when  requested.  An 

voi .  i. — 29 


2 1  8  BIOGRAPHIES  OF  THE  MEMBERS 

intense  interest  was  taken  in  the  proceedings  of  this  distin- 
guished assembly.  It  was  believed  that  if  the  Constitution  was 
rejected  by  it,  there  could  be  no  hope  that  it  would  ever  receive 
the  favorable  consideration  of  the  requisite  number  of  States. 
It  is  also  said  that  there  is  no  doubt  that  if  the  question  had 
been  taken  without  discussion  there  would  have  been  a  large 
majority  against  adoption,  for  each  member  would  have  voted 
on  his  own  objections,  and  there  were  some  objections  in  almost 
every  mind.  It  was  voted,  upon  the  motion  of  Mr.  Strong,  to 
take  up  each  paragraph  in  turn  "  in  free  conversation,  until 
every  member  shall  have  had  an  opportunity  to  express  his 
sentiments  on  the  same."  The  final  and  only  question  was  on 
the  acceptance  or  rejection  of  the  instrument  as  a  whole.  Mr. 
Strong,  though  by  no  means  as  active  as  his  colleagues  in  de- 
bate, occasionally  rose  to  defend  the  work  of  the  Convention, 
to  explain  its  provisions  and  urge  its  adoption,  speaking  upon 
almost  the  same  topics  which  he  had  discussed  in  the  Federal 
Convention.  He  earnestly  supported  the  conciliatory  proposi- 
tions submitted  by  President  Hancock,  which  resulted  not  only 
in  the  ratification  and  adoption  of  the  Constitution  by  Massa- 
chusetts, but  in  the  recommendation  of  certain  alterations  and 
provisions,  some  of  which  are  now  embodied  in  the  amendments. 
The  vote  upon  the  final  question  was  yeas  187,  nays  168.  Mr. 
Strong  became  one  of  the  first  senators  of  the  United  States 
from  Massachusetts,  his  colleague  being  George  Cabot,  and  from 
1789  to  1797  held  this  office,  always  acting  with  King  and 
Ellsworth  as  a  supporter  of  the  administration  of  Washington. 
In  1800  he  was  elected  governor  of  Massachusetts,  and  served 
continuously  until  1807,  and  again  in  1812  to  1816.  As  a 
Federalist  he  was  opposed  to  the  war  with  England,  and  sub- 
jected himself  to  the  severest  censure.  He  denied  the  right  of 
the  President  to  make  requisitions  upon  him  for  troops,  upon 
constitutional  grounds,  and  declined  responding  to  his  calls  He 


Fro 


OLIVER  ELLSWORTH. 
Nat-TZ4  5-015-18  07. 


OF  THE  FEDERAL    CONVENTION. 


219 


adopted  prompt  measures  for  the  safety  of  his  State,  and  no  ill 
consequences  flowed  from  this  clash  of  authority.  He  died  at 
his  native  town,  on  the  7th  of  November,  1819,  aged  seventy- 
four  years.  In  1801  Harvard  conferred  upon  him  the  degree 

of  LL.D. 

OLIVER    ELLSWORTH. 

OLIVER  ELLSWORTH,  one  of  the  most  distinguished  states- 
men and  jurists  of  America,  was  born  in  Windsor,  Conn.,  April 
29,  1745.  He  received  a  classical  education,  and  graduated  at 
Princeton  in  1 766.  He  studied  law,  and  was  admitted  to  the  bar 
in  1771.  His  integrity,  industry,  knowledge  of  law,  careful  prepa- 
ration of  his  cases,  and  earnest  logic,  occasionally  warming  into 
eloquence,  soon  won  for  him  a  commanding  position  among  his 
professional  brethren.  He  rose  almost  at  once  to  a  position  of 
political  distinction,  and  took  an  active  part  in  support  of  the 
colonies  in  resisting  the  oppression  of  Great  Britain.  In  1 777  he 
was  elected  a  delegate  to  the  Continental  Congress,  and  became  a 
leading  member,  serving  upon  important  committees,  and  con- 
spicuous for  his  talents  as  a  debater.  In  1 784  he  was  appointed  a 
judge  of  the  Superior  Court  of  Connecticut.  While  still  on  the 
bench,  in  1787  he  was  chosen  a  member  of  the  Federal  Conven- 
tion, and  exerted  an  influence  in  securing  substantial  recognition 
of  the  State  governments,  which  has  linked  his  name  with  that  of 
Paterson,  of  New  Jersey,  as  one  of  the  authors  of  our  Federal 
system.  He  objected  to  the  word  "national,"  and  preferred  the 
title  of  "The  United  States,"  declaring  that  he  wished  the  plan  of 
the  Convention  to  go  forth  as  an  amendment  of  the  Articles  of 
Confederation,  since,  under  this  idea,  the  authority  of  the  legisla- 
tures could  ratify  it.  He  did  not  like  popular  conventions,  as  they 
were  better  fitted  to  pull  down  than  to  build  up  constitutions.  He 
wished  the  agency  of  the  States  maintained,  and  urged  a  compro- 
mise between  the  large  and  small  States  as  to  their  vote  in  Con- 
gress. He  desired  both  senators  and  representatives  to  be  paid 


220  BIOGRAPHIES  OF  THE  MEMBERS 

by  the  States,  but  wished  their  pay  to  be  fixed  by  the  Constitution. 
He  contended  for  an  executive  council,  and  approved  of  a  council 
of  revision  of  acts  of  Congress,  to  be  composed  of  the  Presi- 
dent and  the  judges.  He  opposed  taxes  on  exports,  and  wished 
the  power  of  making  paper  money  to  be  withheld  from  Congress. 
He  opposed  a  negative  of  Congress  on  State  laws,  and  preferred 
the  nomination  of  judges  by  the  State,  subject  to  the  approval  of 
the  President,  and,  finally,  contended  that  the  Constitution  should 
be  ratified  by  the  State  legislatures.  For  some  reason  he  was 
absent  from  the  Convention  on  the  last  day,  and  did  not  sign  the 
completed  instrument,  but  in  his  own  State  convention,  and  ever 
afterwards,  he  was  among  the  most  earnest  and  zealous  supporters 
of  the  new  government.  Having  attached  himself  to  the  Federal 
party,  he  was  elected  by  the  legislature  of  his  native  State  to  the 
Senate  of  the  United  States,  in  which  he  gained  great  renown  as 
a  debater,  and  as  a  supporter  of  Washington's  administration. 
His  most  substantial  service  to  the  country  was  his  work  upon  the 
establishment  of  the  judiciary  system  of  the  United  States.  He 
was  the  author  of  the  first  judiciary  act,  although  he  received  aid 
from  his  colleague,  William  Samuel  Johnson.  So  highly  did 
Washington  estimate  the  abilities  of  Mr.  Ellsworth  that  he  ap- 
pointed him  Chief  Justice  of  the  Supreme  Court  of  the  United 
States  in  1796.  In  1/99  he  was  sent  as  envoy  extraordinary  to 
Paris,  where  he  aided  in  the  negotiation  of  a  treaty  with  France. 
In  the  following  year  he  resigned  the  office  of  Chief  Justice.  He 
died  November  26,  1807.  "Oliver  Ellsworth,"  says  Dr.  Dwight, 
"was  born  to  be  a  great  man."  In  one  of  his  senatorial 
speeches,  Daniel  Webster  referred  to  him  as  "  a  gentleman  who 
has  left  behind  him,  on  the  records  of  the  government  of  his 
country,  proofs  of  the  clearest  intelligence,  and  of  the  utmost 
purity  and  integrity  of  character,"  while  a  recent  biographer  has 
declared  that  "  for  strength  of  reason,  for  sagacity,  wisdom,  and 
sound,  good  sense  in  the  conduct  of  affairs ;  for  moderation  of 


OF  THE  FEDERAL    CONVENTION.  221 

temper,  and  general  ability,  it  may  be  doubted  if  New  England 
has  yet  produced  his  superior." 

\VILLIAN1     CHURCHILL     HOUSTON. 

WILLIAM  CHURCHILL  HOUSTON,  born  in  Cabarrus  County, 
N.  C,  in  the  year  1 740,  was  of  Irish  parentage,  his  father  coming 
to  this  country  with  Lord  Cabarrus,  from  whom  he  obtained  a  tract 
of  land  in  the  central  part  of  North  Carolina.  Early  in  life  he 
exhibited  an  eager  desire  for  study,  and,  to  gratify  his  passion, 
rode  on  horseback,  equipped  with  clothing  and  fifty  pounds  in 
money,  through  Virginia,  Maryland,  and  Pennsylvania,  until  he 
reached  Nassau  Hall  at  Princeton,  N.  J.  Here,  at  the  age  of 
twenty-one,  he  was  admitted  to  the  Freshman  class,  and  was  soon 
made  a  teacher  in  the  grammar  school,  at  that  time  an  adjunct  of 
the  college.  In  1 768  he  was  graduated  with  honor,  and  received 
a  silver  medal  in  acknowledgment  of  his  merit.  In  the  following 
year  he  became  the  senior  tutor  of  the  college,  and  in  1771  was 
elected  to  the  chair  of  mathematics  and  natural  philosophy,  an 
office  which  he  held  for  twelve  years.  In  1776  he  held  for  several 
months  the  office  of  captain  of  militia.  He  attended  important 
meetings  of  the  Council  of  Safety  of  New  Jersey,  and  for  a  time 
acted  as  treasurer.  In  1778  and  1779  he  was  a  member  of  the 
General  Assembly.  In  April,  1781,  after  some  preliminary  study, 
aided  by  Richard  Stockton,  he  was  admitted  to  the  bar.  While 
still  connected  with  the  college  he  was  made  secretary  of  the 
Provincial  Congress,  and  was  elected  five  times  by  the  legislature 
of  New  Jersey  to  the  Continental  Congress,  serving  in  1779,  1780, 
1781,  and  1784,  distinguishing  himself  in  the  discussion  of  financial 
questions,  methods  of  increasing  the  revenue,  preparing  the 
budgets  for  the  appropriations  for  the  army,  navy,  and  civil  affairs. 
In  1781  he  was  appointed  clerk  of  the  Supreme  Court  of  New 
Jersey,  and  was  reappointed  in  1786,  holding  this  position  at  the 
time  of  his  death.  He  was  also  surrogate  of  Hunterdon  County, 


222  BIOGRAPHIES  OF  THE  MEMBERS 

and  receiver  of  Continental  taxes.  In  1783  he  resigned  his  pro- 
fessorship. By  this  time  he  had  become  distinguished  as  a  lawyer, 
and  served  as  one  of  the  commissioners  to  settle  a  dispute  as  to 
territory  between  Connecticut  and  Pennsylvania.  For  several 
years  he  was  the  counsel  for  the  East  Jersey  proprietors.  He  was 
appointed  by  the  legislature  of  his  adopted  State  a  delegate  to  the 
Annapolis  Convention,  which  met  September  n,  1786,  and  closed 
its  labors  by  suggesting  the  Federal  Convention.  In  1787  he  was 
chosen  as  one  of  the  delegates  to  this  Convention,  but  was  pre- 
vented by  illness  from  attending  until  May  25,  when,  seven  States 
being  convened,  the  Convention  was  organized.  It  has  been  said 
that  he  did  not  remain  in  Philadelphia  more  than  a  day ;  but  Mr. 
Madison,  in  his  volume  of  the  "  Debates  in  the  Federal  Conven- 
tion," credits  him  with  a  motion  to  reconsider  the  determination 
"  that  the  appointment  of  the  executive  be  by  electors  chosen  by 
the  legislatures  of  the  States,"  urging  in  debate  the  extreme  incon- 
veniency  and  the  considerable  expense  of  drawing  together  men 
from  all  the  States  for  the  single  purpose  of  electing  the  chief 
magistrate.  He  also  joined  in  the  report  of  the  New  Jersey  com- 
missioners of  the  action  of  the  delegation  and  the  result  of  their 
labors.  For  some  reason,  not  now  determined,  he  did  not  sign 
the  Constitution.  During  the  year  1787  consumption  had  made 
such  rapid  progress  in  his  system  that  he  determined  in  the  follow- 
ing year  to  visit  his  old  home.  He  had  proceeded  only  as  far  as 
Frankford,  Pa.,  and  had  just  obtained  quarters  at  an  inn,  when  he 
suddenly  and  unexpectedly  expired,  August  12,  1788,  in  the  forty- 
eighth  year  of  his  age.  He  was  buried  in  Philadelphia,  in  the 
ground  connected  with  the  Third  Presbyterian  Church.  In  person, 
Mr.  Houston  was  tall  and  slender,  with  a  face  grave  and  serious, 
of  dignified  conduct,  and  of  graceful  gesture  in  speaking.* 

*  Abridged  from  a  paper  by  Wm.  S.  Stryker,  adjutant-general  of  New  Jersey. 


JOHN  TRAIT  CIS  MERCER. 
Nat-17  59-013-1821. 

from  Phtiayraphtf**  Cryiaot  Painting .  fi*r**eluxi  by  2* Tltcma* jldjis  Emm*& 


OF  THE  FEDERAL    CONVENTION. 


223 


JOHN     FRANCIS     MERCER. 

JOHN  FRANCIS  MERCER  was  born  in  Stafford  County,  Va.,  May 
17,  1759,  and  was  a  graduate  at  William  and  Mary  College  in 
1775.  He  entered  the  Third  Virginia  Regiment  as  a  lieutenant  in 
1776;  became  captain  June  27,  1777,  and  served  as  aide  to  General 
Lee  until  the  battle  of  Monmouth,  when  his  sympathy  with  that 
officer  on  his  disgrace  induced  him  to  resign  from  the  army.  He 
returned  to  Virginia,  and  soon  afterwards  raised  and  equipped  at 
his  own  expense  a  troop  of  horse,  of  which  he  was  commissioned 
lieutenant-colonel.  Joining  Lawson's  brigade,  he  served  with  it, 
at  Guilford  and  elsewhere,  until  its  disbandment,  when  he  attached 
his  command  to  the  forces 'under  Lafayette,  with  whom  he  re- 
mained till  after  the  surrender  of  Yorktown.  He  then  studied 
law  with  Thomas  Jefferson  ;  and  from  1782  to  1785  was  a  delegate 
to  the  Continental  Congress  from  Virginia.  While  in  Congress 
he  objected  to  the  States  making  any  valuation  of  lands,  discussing 
the  retrospective  features  of  such  a  measure.  He  also  opposed 
.the  exportation  of  tobacco  under  the  authority  of  Congress,  de- 
claring that  Virginia  had  assented  to  the  export  of  the  first 
quantity  merely  out  of  respect  for  Congress,  and  under  the  idea 
that  her  rights  of  sovereignty  had  been  encroached  upon,  and 
that  as  a  further  quantity  had  been  exported  without  the  license 
of  the  State,  he  disputed  the  extension  of  the  authority  of  Con- 
gress. He  also  objected  to  a  general  system  of  revenue.  He 
urged  calling  on  Pennsylvania  to  restore  goods  seized  while  under 
passport ;  proposed  the  appropriation  of  imposts  to  pay  the  army 
first,  and  advocated  a  new  scale  of  depreciation.  He  opposed  the 
commutation  of  half  pay  and  funding  the  public  debt.  He  also 
objected  to  a  proclamation  relative  to  peace,  and  moved  to  erase 
the  application  to  France  for  a  loan  of  three  millions  of  dollars. 
In  1785  he  married  Sophia,  daughter  of  Richard  Sprigg,  of  West 
River,  Md.,  and  removed  to  "  Cedar  Park,"  his  wife's  estate,  and 


224  BIOGRAPHIES  OF  THE  MEMBERS 

soon  attained  prominence  in  Maryland  politics.  He  was  appointed 
a  delegate  to  the  Federal  Convention  in  1787,  and  advocated  a 
freehold  qualification  for  electors  of  representatives,  while  objecting 
to  residence  as  a  qualification  of  representatives.  He  considered 
the  exclusive  power  of  originating  money  bills  in  the  House  as  so 
great  an  advantage  that  it  rendered  the  equality  of  votes  in  the 
Senate  ideal,  and  of  no  consequence.  He  thought  a  quorum  in 
Congress  should  be  less  than  a  majority ;  objected  to  the  Senate 
having  any  but  legislative  powers,  and  the  exclusion  of  foreigners 
from  Congress  being  retrospective.  He  thought  the  power  of 
appointment  to  office  necessary  to  sustain  the  due  influence  of  the 
executive.  He  objected  to  the  power  of  the  judiciary  to  declare 
acts  of  Congress  void,  but  wished  the  judiciary  to  have  a  revision- 
ary  power  over  laws.  He  strenuously  urged  a  prohibition  of  a 
tax  on  exports ;  approved  of  Congress  establishing  post-roads ; 
opposed  an  exclusion  of  the  power  of  Congress  to  emit  bills  of 
credit,  and  objected  to  military  force  being  introduced  into  a  State 
by  Congress  to  subdue  rebellion  without  a  previous  application  by 
the  State.  He  did  not  sign  the  Constitution.  He  was  a  member 
of  the  Maryland  Convention  called  to  ratify  the  Constitution,  and 
opposed  its  ratification,  contending  strongly  for  amendments.  In 
this  he  was  supported  by  William  Paca,  Samuel  Chase,  and 
Luther  Martin.  From  1792  to  1794  he  was  a  representative  in 
Congress;  and  from  1801  to  1803  was  governor  of  Maryland, 
having  previously  served  for  several  years  in  the  State  legis- 
lature, to  which,  after  some  years  of  retirement,  he  was  again 
elected.  He  was  a  trusted  friend  and  devoted  political  follower 
of  Jefferson.  Failing  health  induced  him  to  visit  Philadelphia  for 
the  purpose  of  consulting  Dr.  Philip  Syng  Physick,  and  while 
there  he  died  on  the  3oth  of  August,  1821,  and  was  buried  in 
St.  Peter's  churchyard. 


LUTHER  MARTIN 
N^Lt.  1744 -Ob.  1826. 


'f  in-  -Mi*  Na&on-a-l 


OF  THE  FEDERAL    CONVENTION.  225 

LUTHER     NIAR.TIN. 

LUTHER  MARTIN  was  born  at  New  Brunswick,  N.  J.,  in  1744. 
After  a  few  years'  attendance  at  a  grammar  school,  he  went  to 
Princeton  College,  and  graduated  in  1766,  at  the  head  of  his  class. 
He  studied  law  in  Maryland,  in  Queen  Anne's  County.  In  1771 
he  was  admitted  to  the  bar,  and  in  the  following  year  went  to 
Williamsburg,  Va.,  where  he  began  to  practise  his  profession. 
He  subsequently  returned  to  Maryland,  and,  in  1774,  was  ap- 
pointed one  of  the  commissioners  for  the  county  of  Somerset  to 
oppose  the  claims  of  Great  Britain  ;  he  also  served  as  a  member 
of  the  convention  at  Annapolis  to  the  same  end,  taking  strong 
patriotic  grounds.  In  1778  he  was  appointed  attorney-general  of 
Maryland,  "  in  which  position  he  vigorously  and  rigorously  prose- 
cuted— almost  persecuted — the  Tories  of  his  State."  In  1787  he 
was  sent  as  one  of  the  delegates  to  the  Convention  which  framed 
the  Constitution,  and  took  an  active  part  in  the  debates.  He 
declared  that  the  separation  from  Great  Britain  left  each  State 
sovereign  and  equal,  and  opposed  any  confederation  except  on 
equal  grounds.  He  strongly  objected  to  a  national  government, 
and  declared  himself  in  favor  of  Mr.  Paterson's  plan.  He  was 
willing,  however,  to  adhere  to  the  compromise  giving  the  small 
States  an  equal  vote  in  the  Senate.  He  proposed  an  election  of 
the  executive  by  electors  chosen  by  the  State  legislatures  ;  con- 
tended for  an  equal  vote  of  the  States  in  both  Houses ;  objected  to 
senators  voting  per  capita  ;  thought  that  senators  should  be  paid 
by  the  States,  and  that  representatives  should  be  elected  as  the 
State  legislatures  directed.  He  opposed  the  negative  of  Con- 
gress on  the  State  laws.  He  also  thought  that  the  suppression  of 
insurrections  should  be  left  to  the  States.  He  even  proposed  that 
taxes  should  be  raised  by  requisitions.  He  wished  the  Constitu- 
tion ratified  by  the  State  legislatures  ;  failing  in  this,  he  expressed 
dissatisfaction  with  the  general  character  of  the  Constitution.  He 


226  BIOGRAPHIES  OF  2 HE  MEMBERS 

was  one  of  the  sturdiest  champions  of  State  rights.  Although 
subsequently  christened  by  Jefferson  "The  Federal  Bull-dog,"  he 
spoke  in  Convention  in  vehement  opposition  to  the  Constitution, 
and  left  that  body  rather  than  sign  the  instrument.  He  also 
opposed  the  ratification  of  the  Constitution  in  the  Maryland  Con- 
vention, making  arguments  so  able  that  John  C.  Calhoun  subse- 
quently drew  from  them  in  his  nullification  speeches.  He  bitterly 
denounced  the  license  allowed  the  African  slave-trade  in  the  Con- 
stitution, and  declared  that  God  viewed  with  equal  eye  the  poor 
African  slave  and  his  American  master.  It  is  remarkable  that  his 
next  public  appearance  was  as  a  stanch  supporter  of  the  Federal 
Constitution,  and  fully  as  remarkable  that  such  appearance  should 
be  as  counsel  for  a  Federal  officer,  Judge  Samuel  Chase,  who  had 
been  no  less  bitter  in  his  opposition  to  the  same  instrument.  He 
appeared  as  counsel  for  Judge  Chase  when  impeached  before  the 
United  States  Senate,  in  1804.  The  impeachment  was  not  sus- 
tained. In  1805  he  resigned  the  attorney-generalship  of  the  State 
of  Maryland,  after  twenty-seven  years  of  continuous  service,  and, 
despite  his  years,  had  the  largest  practice  of  any  lawyer  in  the 
State.  In  1807  he  appeared  as  counsel  for  Aaron  Burr  when 
tried  for  high  treason,  at  Richmond,  and  was  again  on  the  winning 
side.  In  1814  he  was  appointed  chief  justice  of  the  Court  of 
Oyer  and  Terminer  for  Baltimore  City  and  County,  a  position 
which  he  filled  with  ability  until  1816,  when  the  court  was  abol- 
ished. Forty  years  from  the  date  of  his  first  commission,  in 
February,  1818,  he  was  reappointed  attorney-general  of  Mary- 
land. The  last  important  case  in  which  he  took  a  part  was  the 
famous  case  of  McCulloch  vs.  The  State  of  Maryland,  before  the 
Supreme  Court  of  the  United  States,  in  1819, — a  test  case  as  to 
the  right  of  a  State  to  tax  the  circulation  of  a  United  States  bank 
within  its  limits.  By  a  stroke  of  paralysis,  in  1820,  he  was  thrown 
upon  the  bounty  of  his  friends.  In  1822  the  Maryland  Legislature 
passed  an  act  which  is  unparalleled  in  American  history,  requiring 


GEORGE   WYTHE. 
Nat.  1726 -Ob.  1806. 


OF  THE  FEDERAL    CONVENTION.  227 

every  lawyer  in  the  State  to  pay  annually  a  license  fee  of  five 
dollars  to  be  paid  over  to  trustees  for  the  use  of  Luther  Martin. 
He  died  at  the  house  of  Aaron  Burr,  in  New  York,  loth  of  July, 
1826.  As  a  lawyer  he  was  undoubtedly  one  of  the  ablest  which 
our  country  has  produced,  and  his  name  will  descend  to  posterity 
among  the  brightest  of  those  who  have  gained  their  reputation 

chiefly  at  the  bar. 

GEORGE    "WYTHE. 

GEORGE  WYTHE  was  one  of  the  most  eminent  lawyers  and 
judges  that  Virginia  has  ever  produced.  tHe  was  born  in  the 
year  1726,  on  the  shores  of  the  Chesapeake,  in  the  county  of 
Elizabeth  City,  Va.  His  father  was  a  wealthy  farmer,  and  his 
mother  was  a  woman  of  singular  learning.  From  her  he  acquired 
his  early  education,  and  became  an  accomplished  Greek  and  Latin 
scholar,  as  well  as  a  proficient  in  grammar,  rhetoric,  and  logic. 
Early  in  life  he  gave  himself  up  to  dissipation,  but  at  the  age  of 
thirty  shook  off  his  youthful  follies,  devoted  himself  to  indefatiga- 
ble study,  and  from  this  time  until  his  death,  at  the  age  of  eighty, 
practised  the  most  rigid  and  inflexible  virtue.  He  studied  law 
under  Mr.  John  Lewis,  an  eminent  practitioner,  and  quickly  rose 
in  his  profession.  As  a  lawyer  his  character  bears  the  severest 
scrutiny,  and  he  ranks  among  the  wisest  and  most  able  of  judges. 
He  entered  the  Virginia  House  of  Burgesses,  and  continued  a 
member  until  the  dawn  of  the  Revolution.  In  1775  he  was  sent 
to  Congress,  and  was  one  of  the  signers  of  the  Declaration  of 
Independence.  In  November,  1776,  Wythe,  Jefferson,  Pendle- 
ton,  Mason,  and  Lee  were  appointed  a  committee  to  revise  the 
laws  of  the  State  of  Virginia.  In  less  than  two  years  they  re- 
ported one  hundred  and  twenty-six  bills, — the  greater  part  of 
which  work  was  done  by  Wythe  and  Pendleton.  In  1777  he  was 
chosen  Speaker  of  the  House  of  Delegates.  At  the  close  of  the 
year  he  was  appointed  one  of  the  three  judges  of  the  High  Court 
of  Chancery  of  Virginia,  and  on  the  subsequent  change  in  the 


22S  BIOGRAPHIES  OF   THE  MEMBERS 

organization  of  the  Court  of  Equity  was  constituted  sole  chancel- 
lor, which  high  station  he  filled  with  the  strictest  integrity  and  the 
most  abundant  learning  for  more  than  twenty  years.  While  in 
this  office  he  published  a  series  of  Chancery  reports,  which  are 
held  in  high  estimation.  In  December,  1786,  he  was  selected  by 
the  legislature,  together  with  Washington,  Henry,  Randolph,  Blair, 
Madison,  and  Mason,  as  a  delegate  to  the  Federal  Convention. 
He  attended,  and  was  appointed  on  the  committee  to  prepare  rules 
for  the  Convention.  As  chairman  of  the  committee  he  reported 
the  rules  on  May  29,  and  on  the  I7th  of  June  obtained  leave  of 
absence  on  account  of  the  serious  illness  of  his  wife.  He  was 
unable  to  return,  and  thus,  being  absent  on  the  last  day  of  the 
session,  failed  to  sign  the  Constitution.  He  was  twice  a  Presiden- 
tial elector.  He  became  the  legal  preceptor  of  two  Presidents  of 
the  United  States  and  one  Chief  Justice,  and  was  sought  by  many 
for  advice  and  counsel.  In  emancipating  his  slaves,  he  gave  them 
sufficient  to  supply  their  wants.  On  the  8th  of  June,  1806,  in  his 
eighty-first  year,  he  was  poisoned ;  but  the  trial  of  his  nephew, 
who  was  suspected  of  the  act,  and  of  forging  a  will  in  his  own 
favor,  resulted  in  an  acquittal,  and  a  cloud  of  mystery  hangs  about 
his  last  hours.  Jefferson  said  of  him :  "  His  virtue  was  of  the 
purest  kind,  his  integrity  was  inflexible,  and  his  justice  exact;  of 
warm  patriotism,  and  devoted,  as  he  was,  to  liberty  and  the  natural 
and  equal  rights  of  men,  he  might  truly  be  called  the  Cato  of  his 
country,  without  the  avarice  of  the  Roman." 

JAMES    McCLURQ. 

JAMES  McCiAJKG  was  born  in  1747,  at  Hampton,  Va.  After 
graduating  at  William  and  Mary  College,  in  1762,  he  went  to  Edin- 
burgh, and  there,  in  1770,  took  the  degree  of  Doctor  of  Medicine. 
After  two  years'  study  in  Paris  and  London  he  returned  to 
America,  settled  at  Williamsburg,  and  soon  rose  to  the  head  of 
his  profession.  He  was  for  many  years  a  member  of  the  Execu- 


JAMES  M5CLURG. 
-  OJo-1825. 


oft**  OHyuu^PaaUinf,  tUmtshvt  by  J), •lTu,n 


OF  THE  FEDERAL    CONVENTION.  22O 

tive  Council  of  Virginia,  and  when  Patrick  Henry  declined  to  serve 
in  the  Federal  Convention  was  elected  in  his  place.  He  appeared 
on  May  25,  the  day  on  which  the  Convention  was  organized,  with 
Washington,  Randolph,  Blair,  Madison,  Mason,  and  Wythe  He 
participated  in  the  deliberations  of  the  Convention,  but  was  com- 
pelled by  private  affairs  to  leave  Philadelphia  before  the  final  vote 
was  taken,  and  consequently  was  not  one  of  the  signers  of  the 
Constitution.  In  the  debate  upon  the  term  of  the  executive,  he 
moved  to  strike  out  "seven  years"  and  insert  the  words  "during 
good  behavior  "  He  contended  that  by  striking  out  the  words 
declaring  him  not  re-eligible,  the  executive  was  put  into  a  situation 
that  would  keep  him  forever  dependent  on  the  legislature ;  and  he 
conceived  the  independence  of  the  executive  to  be  equally  essen- 
tial with  that  of  the  judiciary  department.  Upon  this  motion,  Mr. 
Madison  remarks  that  its  probable  object  was  merely  to  enforce 
the  argument  against  the  re-eligibility  of  the  executive  magistrate 
by  holding  out  a  tenure  during  good  behavior,  as  the  alternative 
for  keeping  him  independent  of  the  legislature.  Mr.  Madison 
adds  that  Dr.  McClurg,  though  possessing  talents  of  the  highest 
order,  was  modest  and  unaccustomed  to  exert  them  in  public 
debate.  Dr.  McClurg  also  desired  some  specific  provision  rela- 
tive to  the  exercise  of  executive  powers  by  the  President,  and 
asked  whether  it  would  not  be  necessary,  before  the  Committee  on 
Detail  was  appointed,  to  determine  on  the  means  by  which  the 
executive  was  to  carry  the  laws  into  effect,  or  to  resist  combina- 
tions against  them.  Was  he  to  have  a  military  force  for  the  pur- 
pose, or  to  have  the  command  of  the  militia,  the  only  existing  force 
that  could  be  applied  to  that  use  ?  As  the  resolutions  then  stood, 
the  committee  would  have  no  determinate  directions  on  this  great 
point.  Mr.  Wilson  of  Pennsylvania  adopted  the  suggestion,  and 
thought  that  some  additional  directions  to  the  committee  would  be 
necessary;  but  Rufus  King  replied  that  the  committee  were  to 
provide  for  the  end.  Their  discretionary  power  to  provide  for 


BIOGRAPHIES  OF  THE  MEMBERS 

the  means  is  involved,  according  to  an  established  axiom.  Dr. 
McClurg  died  at  Richmond,  July  9,  1823,  devoting  his  later  years 
to  the  practice  of  his  profession. 

ALEXANDER     MARTIN. 

ALEXANDER  MARTIN  was  born  in  New  Jersey  about  1740.  His 
parents  removed,  while  he  was  quite  young,  first  to  Virginia,  and 
then  to  Guilford  County,  N.  C.  He  was  sent  to  Princeton,  where  he 
graduated  in  1756.  In  1772  he  was  elected  to  the  Assembly,  and 
in  1 774  and  1775  to  the  First  and  Second  Provincial  Congresses. 
He  became  colonel  of  the  Second  North  Carolina  Regiment  April 
4,  1776,  and  served  under  Washington  until  the  battle  of  German- 
town,  where  he  disgraced  himself  by  hiding  in  a  tree,  was  court- 
martialed,  and  dismissed  from  the  army.  In  1779  he  was  chosen 
a  member  of  the  State  Senate,  serving  until  1782,  and  again  in 
1787  and  1788.  He  was  Speaker  of  the  Senate  during  most  of 
his  term,  and  as  such  became,  in  1781,  on  the  capture  of  Governor 
Burke,  acting  governor.  He  was  governor  from  1782  to  1785, 
and  from  1 789  to  1 792,  and  was  United  States  senator  from  1 793 
to  1799.  His  support  of  John  Adams  and  the  alien  and  sedition 
laws  destroyed  his  long-enjoyed  popularity,  and  caused  his  defeat 
at  the  next  election  for  senator.  He  published  some  verses,  which 
are  said  to  be  "more  patriotic  than  poetic."  He  was  one  of  the 
North  Carolina  delegates  to  the  Federal  Convention,  but  withdrew 
without  signing  the  Constitution.  In  the  Convention  he  desired 
that  the  ineligibility  of  representatives  should  be  limited  to  offices 
created  or  augmented  during  their  term.  In  this  he  warmly  sup- 
ported Mr.  Madison.  When  it  was  moved  by  Mr.  King  "  that  the 
States,  at  the  first  meeting  of  the  general  legislature,  should  be 
represented  by  sixty-five  members,"  in  which  five  representatives 
were  allotted  to  North  Carolina,  Mr.  Martin  contended  that  his 
State  was  entitled  to  six  members,  but  his  views  did  not  prevail. 
He  supported  Mason,  of  Virginia,  in  his  view  that  it  was  highly 


ALEXANDER  MARTIN. 


WILLIAM  RICHARDSON  DAVIE. 
!Tatrl756-OK-1820. 


OF  THE  FEDERAL    CONVENTION. 


231 


improper  that  the  seat  of  the  general  government  should  be  at 
any  State  capital,  first,  because  it  tended  to  produce  disputes  con- 
cerning jurisdiction,  and  next,  because  the  intermixture  of  the  two 
legislatures  tended  to  give  a  provincial  tincture  to  the  national 
deliberations.  He  died  at  Danbury,  N.  C.,  in  November,  1807. 

WILLIAM     RICHARDSON     DAVIE. 

WILLIAM  RICHARDSON  DAVIE  was  born  at  Egremont,  England, 
June  20,  1756,  and  was  brought  by  his  father  to  South  Carolina 
soon  after  the  treaty  of  peace  of  1763,  where  he  was  adopted  by 
his  uncle.  His  early  education  was  received  in  North  Carolina, 
after  which  he  entered  Princeton.  While  there,  he  was  sergeant 
of  the  company  organized  among  the  students,  and  served  for  a 
few  months  in  New  Jersey  and  New  York.  Returning  to  the 
college,  he  graduated  in  1776,  with  the  highest  honors  of  his  class. 
Selecting  the  law  for  his  profession,  he  began  its  study  at  Salis- 
bury, N.  C.,  but  the  war  continuing,  his  devotion  to  the  cause  of 
liberty  induced  him  to  abandon  it.  He  began  at  once  to  recruit  a 
company  of  dragoons,  of  which  he  was  elected  lieutenant,  and 
which  was  subsequently  attached  to  Pulaski's  legion.  In  1779  he 
was  promoted  brigadier-major.  He  fought  at  Stono,  where  he 
was  severely  wounded,  at  Hanging  Rock,  and  Rocky  Mount. 
Taking  the  field  with  a  legionary  corps  and  the  rank  of  major,  he 
was  actively  engaged  in  protecting  the  country  between  Charlotte 
and  Camden  from  the  enemy's  predatory  excursions.  When  Corn- 
wallis  entered  Charlotte,  Colonel  Davie  severely  handled  Tarle- 
ton's  legion,  wounding  its  commander.  His  efficiency  in  saving 
the  remnant  of  the  army  after  the  defeat  at  Camden,  as  well  as 
his  other  services,  procured  for  him  the  rank  of  colonel-com- 
mandant of  the  cavalry  of  the  State.  General  Greene,  on  taking 
command  of  the  Southern  department,  appointed  him  commissary, 
in  which  his  zeal  greatly  contributed  to  the  successful  operations 
which  followed.  After  the  war  he  resumed  the  practice  of  law, 


BIOGRAPHIES   OF   THE  MEMBERS 

and  soon  rose  to  great  eminence,  and  for  a  number  of  years  was 
a  member  of  the  legislature.  In  1787  he  was  a  member  of  the 
Convention  which  framed  the  Federal  Constitution.  He  proposed 
an  impeachment  of  the  President  for  malpractice  or  neglect,  a 
matter  which  he  deemed  of  vital  importance  to  secure  the  good 
behavior  of  the  executive,  "  for,"  said  he,  "  if  he  be  not  impeach- 
able  whilst  in  office,  he  will  spare  no  effort  or  means  whatever  to 
get  himself  re-elected."  He  proposed  eight  years  as  the  execu- 
tive term,  but  subsequently  supported  Mason  in  his  motion  "  that 
the  executive  be  appointed  for  seven  years,  and  be  ineligible  a 
second  time."  He  insisted  that  slaves  be  included  in  the  ratio  of 
representation.  The  illness  of  his  family  called  him  home  before 
the  labors  of  the  Convention  were  terminated ;  hence  his  name 
does  not  appear  to  that  instrument.  In  the  State  convention  he 
was  its  most  able  champion  to  the  time  of  final  ratification.  He 
was  commissioned  major-general  of  the  State  militia,  and  in  1 799 
was  elected  governor,  but  soon  after  resigned  to  accept  the  posi- 
tion of  envoy  to  France,  with  Ellsworth  and  Gerry.  On  his  return 
to  America  he  retired  from  public  life.  During  the  war  of  1812  he 
was  appointed  a  major-general  of  the  United  States,  but  declined, 
owing  to  bodily  infirmities  from  wounds  received  during  the  Revo- 
lution. He  died  at  Camden,  S.  C.,  November  8,  1820. 

WILLIAM     PIERCE. 

WILLIAM  PIERCE  was  a  native  of  Georgia.  He  entered  the 
army  at  the  beginning  of  the  Revolution,  serving  for  some 
time  as  aide-de-camp  to  General  Nathaniel  Greene,  and  was  pre- 
sented with  a  sword  by  Congress  in  recognition  of  his  gallant 
conduct.  He  represented  Georgia  in  the  Continental  Congress 
during  1786  and  1787.  He  was  the  agent  of  Georgia  in  the 
settlement  of  the  disputes  with  South  Carolina  as  to  boundary  in 
1785,  and  served  as  a  trustee  of  the  State  college.  He  was  also 
a  delegate  to  the  Convention  which  framed  the  Constitution  of  the 


OF  THE  FEDERAL    CONVENTION.  233 

United  States.  He  appeared  and  took  his  seat  on  the  3ist  of  May. 
His  colleague  Few  had  appeared  on  the  25th  of  May,  the  day  on 
which  the  Convention  was  organized,  while  Houstoun  did  not 
appear  until  June  i,  and  Baldwin  not  until  June  n.  Mr.  Pierce 
declared  himself  in  favor  of  an  election  by  the  people  as  to  the 
first  branch,  and  by  the  States  as  to  the  second  branch  ;  by  which 
means  the  citizens  of  the  States  would  be  represented  both  indi- 
vidually and  collectively.  He  proposed  three  years  as  the  sena- 
torial term,  and,  on  Mr.  Spaight's  motion  to  make  it  seven  years, 
declared  that  seven  years  would  raise  an  alarm  ;  that  great  mis- 
chiefs had  arisen  in  England  from  their  septennial  act,  which  was 
reprobated  by  their  most  patriotic  statesmen.  At  the  same  time 
that  Mr.  Pierce  was  a  member  of  the  Convention  he  was  a  member 
of  the  Continental  Congress,  with  Mr.  Few,  and  an  examination 
of  the  journals  of  Congress  shows  that  he  alternated  in  his  atten- 
dance with  Few,  so  that  the  State  of  Georgia  should  always  be 
represented.  Pierce  appeared  in  Congress  on  the  27th  of  August, 
and  hence,  being  absent  from  the  Federal  Convention  on  the 
memorable  iyth  of  September,  failed  to  be  one  of  the  signers 
of  the  Constitution.  He  published  his  impressions  of  Congress 
in  a  Savannah  newspaper,  which  is  now  in  the  Force  Library. 

WILLIAM     HOUSXOUN. 

WILLIAM  HOUSTOUN  was  admitted  to  the  Inner  Temple,  London, 
1776,  and  was  one  of  the  Georgia  delegation  to  the  Continental 
Congress  from  1784  to  1787.  But  little  is  known  of  him.  In  the 
latter  year  he  was  also  chosen  one  of  the  representatives  from 
Georgia  to  the  Convention  which  framed  the  Constitution  of  the 
United  States.  He  doubted  the  propriety  of  a  guarantee  as  to 
the  State  constitutions,  and  said  that  he  was  afraid  of  perpetuating 
the  existing  constitutions  of  the  States.  That  of  Georgia  was  a 
very  bad  one,  and  he  hoped  it  would  be  revised  and  amended.  It 
might  also  be  difficult  for  the  general  government  to  decide  be- 

VOL.   I. — 31 


234  BIOGRAPHIES   OF   THE  MEMBERS 

tween  contending  parties,  each  of  which  claimed  the  sanction  of 
the  Constitution.  For  some  reason,  not  known,  his  name  does 
not  appear  as  one  of  the  signers. 

JOHN     LANSINQ,  JR. 

JOHN  LANSING,  JR.,  was  born  in  Albany,  N.  Y.,  on  the  3Oth  of 
January,  1754.  He  was  liberally  educated,  and  choosing  the  law 
as  his  profession,  studied  with  Robert  Yates  in  his  native  town, 
and  James  Duane  in  New  York  City.  At  the  outbreak  of  the 
Revolution  he  entered  the  army,  and  in  1776  and  1777  was  aide- 
de-camp  to  General  Schuyler.  From  1781  to  1784  he  represented 
Albany  in  the  assembly ;  in  the  latter  year  was  elected  a  member  of 
the  Continental  Congress,  and  served  until  1788,  retaining  his  seat 
in  the  New  York  Assembly,  of  which  he  was  chosen  Speaker  in 
1786.  In  March,  1787,  he  was  appointed  a  delegate  to  the  Federal 
Convention.  His  conduct  proved  to  be  a  singular  verification  of 
Mr.  Madison's  views  concerning  him  and  his  colleague  Yates,  as 
expressed  in  a  letter  dated  March  11,  1787,  addressed  to  Gov- 
ernor Randolph,  of  Virginia :  "  The  two  latter  are  supposed  to  lean 
too  much  towards  State  considerations  to  be  good  members  of  an 
assembly,  which  will  only  be  useful  in  proportion  to  its  superiority 
to  partial  views  and  interests."  He  opposed  going  into  a  com- 
mittee of  the  whole ;  objected  most  strenuously  to  the  Virginia 
plan,  even  as  amended,  contending  that  the  power  of  the  Conven- 
tion was  limited  to  the  amendment  of  the  Confederation.  He 
proposed  that  the  power  of  legislation  be  vested  in  the  existing 
Congress,  assigning  as  reasons  the  want  of  competent  powers  in 
the  Convention  to  establish  a  new  government,  and  the  state  of 
the  public  mind.  He  remained  until  July  5,  when,  with  Yates,  he 
left  the  Convention.  In  the  words  of  Luther  Martin,  "  he  had 
uniformly  opposed  the  system,  and  despairing  of  getting  a  proper 
one  brought  forward,  or  of  rendering  any  real  service,  returned 
no  more."  He  was  a  member  of  the  New  York  Convention  which 


JOHN    LANSING 
Nat-1754-  OJb-1829. 


OF  THE  FEDERAL    CONVENTION.  235 

adopted  the  Constitution,  and  voted  against  its  ratification.  In 
1 788  he  was  again  chosen  Speaker  of  the  assembly,  and  in  1 790 
was  appointed  one  of  the  judges  of  the  Supreme  Court.  In  1 798 
he  succeeded  Robert  Yates  as  chief  justice,  and  in  1801,  on  the 
resignation  of  Robert  R.  Livingston,  became  chancellor  of  New 
York.  He  was  a  Presidential  elector  in  1824.  On  the  evening 
of  the  1 2th  of  December,  1829,  he  went  out  from  the  City  Hotel, 
Albany,  it  is  supposed,  to  deposit  a  letter  in  the  box  provided  in 
the  river  steam-boats  for  the  accommodation  of  letters  too  late  for 
the  mail,  and  was  never  again  heard  of. 

ROBERT    YA.TES. 

ROBERT  YATES  was  born  at  Schenectady,  N.  Y.,  March  17, 
1738.  He  received  a  classical  education,  and  in  1754  was  sent  to 
New  York  City  to  study  law  under  William  Livingston.  In  1760 
he  was  admitted  to  the  bar,  and,  fixing  his  residence  at  Albany, 
soon  rose  to  eminence  in  his  profession.  At  the  beginning  of  the 
quarrel  with  Great  Britain,  he  actively  espoused  the  cause  of  his 
country,  and  wrote  several  essays  over  the  signature  of  "The 
Rough  Hewer,"  which  attracted  much  attention.  He  was  a  mem- 
ber of  the  New  York  Provincial  Congresses  of  1775,  1776,  and 
1777,  and  in  1776  was  chosen  one  of  the  Council  of  Safety.  In 
August,  1776,  he  served  on  the  committee  which  drafted  the  first 
constitution  of  the  State,  and  in  1777  became  one  of  the  judges 
of  the  Supreme  Court,  of  which  he  became  chief  justice  in  1790. 
He  was  one  of  the  delegates  from  New  York  to  the  Federal 
Convention,  but  took  no  active  part  in  the  debates,  but  took  notes, 
which  were  published  after  his  death.  He  was  opposed  to  the 
plan  proposed,  and  withdrew  from  the  Convention,  July  5,  with 
John  Lansing,  Jr.,  leaving  Alexander  Hamilton  alone  upon  the 
floor  to  represent  New  York.  With  Lansing  he  addressed  a 
letter  to  Governor  Clinton,  stating  their  joint  reasons  for  with- 
drawing from  the  Convention  and  for  their  opposition  to  the  Con- 


BIOGRAPHIES  OF   THE  MEMBERS 

stitution.  They  did  not  believe  that  the  limited  powers  under 
which  they  acted  could  by  any  possible  construction  embrace  an 
idea  of  such  magnitude  as  assent  to  a  general  constitution  in 
subversion  of  that  of  the  State.  They  were  convinced  of  the 
impracticability  of  establishing  a  general  government,  pervading 
every  part  of  the  United  States,  and  extending  essential  benefits 
to  all.  They  stated  that  they  were  not  present  at  the  completion 
of  the  Constitution  ;  but  before  they  left  the  Convention,  its 
principles  were  so  well  established  as  to  convince  them  that  no 
alteration  was  to  be  expected,  to  conform  it  to  their  ideas  of 
expediency  and  safety.  A  persuasion  that  further  attendance 
would  be  fruitless  and  unavailing  rendered  them  less  solicitous  to 
return.  After  the  adoption  of  the  Constitution  Judge  Yates  felt 
bound  to  submit,  and  took  the  occasion  of  a  charge  to  the  grand 
jury  to  give  the  following  expression  of  his  views:  "The  pro- 
posed form  of  government  for  the  Union  has  at  length  received 
the  sanction  of  so  many  of  the  States  as  to  make  it  the  supreme 
law  of  the  land,  and  it  is  not,  therefore,  any  longer  a  question 
whether  or  not  its  provisions  are  such  as  they  ought  to  be  in  all 
their  different  branches.  We,  as  good  citizens,  are  bound  im- 
plicitly to  obey  them,  for  the  united  wisdom  of  America  has  sanc- 
tioned and  confirmed  the  act,  and  it  would  be  little  short  of  treason 
against  the  republic  to  hesitate  in  our  obedience  and  respect  to 
the  Constitution  of  the  United  States  of  America."  In  1798  he 
resigned  the  chief  justiceship  and  resumed  the  practice  of  the 
law.  His  rulings  at  nisi prius  were  seldom  found  incorrect ;  and 
on  the  bench  of  the  Supreme  Court  he  was  distinguished  for  a 
clear,  discriminating  mind,  which  readily  arrived  at  the  true 
principles  of  the  case  before  him.  His  impartiality  in  the  trial  of 
State  criminals,  of  whom  the  turbulence  and  political  animosities 
of  the  time  brought  many  before  him,  was  such  as  to  cause 
demands  from  the  Whigs  for  his  impeachment.  He  was,  how- 
ever, alike  indifferent  to  censure  or  applause  in  the  faithful  and 


OF  THE  FEDERAL    CONVENTION.  237 

independent  exercise  of  his  official  duties.     He  died  at  Albany, 
September  9,  1801. 

It  was  at  first  our  intention  to  include  among  our  biographies 
the  eminent  men  who  declined  to  serve,  or  who  did  not  attend  the 
Convention.  They  were  John  Pickering,  of  New  Hampshire ; 
Benjamin  West  and  Francis  Dana,  of  Massachusetts  ;  John  Neil- 
son  and  Abraham  Clark,  of  New  Jersey ;  Charles  Carroll,  of 
Carrollton,  Samuel  Chase,  Thomas  Sim  Lee,  Gabriel  Duvall,  and 
Robert  Hanson  Harrison,  of  Maryland  ;  Patrick  Henry,  Thomas 
Nelson,  and  Richard  Henry  Lee,  of  Virginia ;  Richard  Caswell 
and  Willie  Jones,  of  North  Carolina  ;  Henry  Laurens,  of  South 
Carolina  ;  George  Walton  and  Nathaniel  Pendleton,  of  Georgia. 
A  candid  consideration  of  the  matter  has  satisfied  us  that,  how- 
ever distinguished  for  public  services  and  brilliant  talents,  their 
refusal  to  attend  the  Federal  Convention  has  stripped  them 
forever  of  any  claim  to  share  in  the  glory  which  belongs  to  the 
framers  of  the  Constitution  of  the  United  States. 

It  is  now  proper  to  present  the  completed  work  of  the 
Convention. 


THE   CONSTITUTION 

OF 

THE    UNITED    STATES    OF    AMERICA. 


ttof  U*0pU  of  the  UNITED  STATES,  in  Order  to  form  a 
more  perfect  Union,  establish  Justice,  insure  domestic  Tran- 
quillity, provide  for  the  common  defence,  promote  the  general 
Welfare,  and  secure  the  Blessings  of  Liberty  to  ourselves  and 
our  Posterity,  do  ordain  and  establish  this  CONSTITUTION  for  the 
United  States  of  America. 

ARTICLE   I. 

SECTION,  i.  All  legislative  Powers  herein  granted  shall  be 
vested  in  a  Congress  of  the  United  States,  which  shall  consist  of 
a  Senate  and  House  of  Representatives. 

SECTION.  2.  The  House  of  Representatives  shall  be  composed 
of  Members  chosen  every  second  Year  by  the  People  of  the 
several  States,  and  the  Electors  in  each  State  shall  have  the  Quali- 
fications requisite  for  Electors  of  the  most  numerous  Branch  of 
the  State  Legislature. 

No  Person  shall  be  a  Representative  who  shall  not  have 
attained  to  the  Age  of  twenty  five  Years,  and  been  seven  Years 
a  Citizen  of  the  United  States,  and  who  shall  not,  when  elected, 
be  an  Inhabitant  of  that  State  in  which  he  shall  be  chosen. 

Representatives  and  direct  Taxes  shall  be  apportioned  among 
the  several  States  which  may  be  included  within  this  Union, 

according  to  their  respective  Numbers,  which  shall  be  determined 
238 


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THE   CONSTITUTION  OF  THE   UNITED  STATES  OF  AMERICA.      239 

by  adding  to  the  whole  Number  of  free  Persons,  including  those 
bound  to  Service  for  a  Term  of  Years,  and  excluding  Indians  not 
taxed,  three  fifths  of  all  other  Persons.  The  actual  Enumeration 
shall  be  made  within  three  Years  after  the  first  Meeting  of  the 
Congress  of  the  United  States,  and  within  every  subsequent  Term 
of  ten  Years,  in  such  Manner  as  they  shall  by  Law  direct.  The 
Number  of  Representatives  shall  not  exceed  one  for  every  thirty 
Thousand,  but  each  State  shall  have  at  Least  one  Representative ; 
and  until  such  enumeration  shall  be  made,  the  State  of  New 
Hampshire  shall  be  entitled  to  chuse  three,  Massachusetts  eight, 
Rhode  Island  and  Providence  Plantations  one,  Connecticut  five, 
New  York  six,  New  Jersey  four,  Pennsylvania  eight,  Delaware 
one,  Maryland  six,  Virginia  ten,  North  Carolina  five,  South  Caro- 
lina five,  and  Georgia  three. 

When  vacancies  happen  in  the  Representation  from  any 
State,  the  Executive  Authority  thereof  shall  issue  Writs  of 
Election  to  fill  such  Vacancies. 

The  House  of  Representatives  shall  chuse  their  Speaker  and 
other  Officers;  and  shall  have  the  sole  Power  of  Impeachment. 

SECTION.  3.  The  Senate  of  the  United  States  shall  be  com- 
posed of  two  Senators  from  each  State,  chosen  by  the  Legislature 
thereof,  for  six  Years;  and  each  Senator  shall  have  one  Vote. 

Immediately  after  they  shall  be  assembled  in  Consequence 
of  the  first  Election,  they  shall  be  divided  as  equally  as  may  be 
into  three  Classes.  The  Seats  of  the  Senators  of  the  first  Class 
shall  be  vacated  at  the  Expiration  of  the  second  Year,  of  the 
second  Class  at  the  Expiration  of  the  fourth  Year,  and  of  the  third 
Class  at  the  Expiration  of  the  sixth  Year,  so  that  one-third  may 
be  chosen  every  second  Year ;  and  if  Vacancies  happen  by  Resig- 
nation, or  otherwise,  during  the  Recess  of  the  Legislature  of  any 
State,  the  Executive  thereof  may  make  temporary  Appointments 
until  the  next  Meeting  of  the  Legislature,  which  shall  then  fill  such 
Vacancies. 


240  THE  CONSTITUTION  OF  THE 

No  Person  shall  be  a  Senator  who  shall  not  have  attained  to 
the  Age  of  thirty  Years,  and  been  nine  Years  a  Citizen  of  the 
United  States,  and  who  shall  not,  when  elected,  be  an  Inhabitant 
of  that  State  for  which  he  shall  be  chosen. 

The  Vice  President  of  the  United  States  shall  be  President  of 
the  Senate,  but  shall  have  no  Vote,  unless  they  be  equally  divided. 

The  Senate  shall  chuse  their  other  Officers,  and  also  a  Presi- 
dent pro  tempore,  in  the  Absence  of  the  Vice  President,  or  when 
he  shall  exercise  the  Office  of  President  of  the  United  States. 

The  Senate  shall  have  the  sole  Power  to  try  all  Impeach- 
ments. When  sitting  for  that  Purpose,  they  shall  be  on  Oath  or 
Affirmation.  When  the  President  of  the  United  States  is  tried, 
the  Chief  Justice  shall  preside :  And  no  Person  shall  be  convicted 
without  the  Concurrence  of  two  thirds  of  the  Members  present. 

Judgment  in  Cases  of  Impeachment  shall  not  extend  further 
than  to  removal  from  Office,  and  disqualification  to  hold  and  enjoy 
any  Office  of  honor,  Trust  or  Profit  under  the  United  States :  but 
the  Party  convicted  shall  nevertheless  be  liable  and  subject  to 
Indictment,  Trial,  Judgment  and  Punishment,  according  to  Law. 

SECTION.  4.  The  Times,  Places  and  Manner  of  holding  Elec- 
tions for  Senators  and  Representatives,  shall  be  prescribed  in  each 
State  by  the  Legislature  thereof;  but  the  Congress  may  at  any 
time  by  Law  make  or  alter  such  Regulations,  except  as  to  the 
Places  of  causing  Senators. 

The  Congress  shall  assemble  at  least  once  in  every  Year,  and 
such  Meeting  shall  be  on  the  first  Monday  in  December,  unless 
they  shall  by  Law  appoint  a  different  Day. 

SECTION.  5.  Each  House  shall  be  the  Judge  of  the  Elections, 
Returns  and  Qualifications  of  its  own  Members,  and  a  Majority 
of  each  shall  constitute  a  Quorum  to  do  Business ;  but  a  smaller 
Number  may  adjourn  from  day  to  day,  and  may  be  authorized  to 
compel  the  Attendance  of  absent  Members,  in  such  Manner,  and 
under  such  Penalties  as  each  House  may  provide. 


UNITED  STATES  OF  AMERICA. 


241 


Each  House  may  determine  the  Rules  of  its  Proceedings, 
punish  its  Members  for  disorderly  Behavior,  and,  with  the  Con- 
currence of  two  thirds,  expel  a  Member. 

Each  House  shall  keep  a  Journal  of  its  Proceedings,  and  from 
time  to  time  publish  the  same,  excepting  such  Parts  as  may  in 
their  Judgment  require  Secrecy ;  and  the  Yeas  and  Nays  of  the 
Members  of  either  House  on  any  question  shall,  at  the  Desire  of 
one  fifth  of  those  Present,  be  entered  on  the  Journal. 

Neither  House,  during  the  session  of  Congress,  shall,  without 
the  Consent  of  the  other,  adjourn  for  more  than  three  days,  nor 
to  any  other  Place  than  that  in  which  the  two  Houses  shall  be 
sitting. 

SECTION.  6.  The  Senators  and  Representatives  shall  receive  a 
Compensation  for  their  Services,  to  be  ascertained  by  Law,  and 
paid  out  of  the  Treasury  of  the  United  States.  They  shall  in  all 
Cases,  except  Treason,  Felony  and  Breach  of  the  Peace,  be  privi- 
leged from  Arrest  during  their  Attendance  at  the  Session  of 
their  respective  Houses,  and  in  going  to  and  returning  from  the 
same ;  and  for  any  Speech  or  Debate  in  either  House,  they  shall 
not  be  questioned  in  any  other  Place. 

No  Senator  or  Representative  shall,  during  the  Time  for 
which  he  was  elected,  be  appointed  to  any  civil  Office  under  the 
Authority  of  the  United  States,  which  shall  have  been  created,  or 
the  Emoluments  whereof  shall  have  been  encreased  during  such 
time;  and  no  Person  holding  any  Office  under  the  United  States, 
shall  be  a  Member  of  either  House  during  his  Continuance  in 
Office. 

SECTION.  7.  All  Bills  for  raising  Revenue  shall  originate  in  the 
House  of  Representatives  ;  but  the  Senate  may  propose  or  concur 
with  Amendments  as  on  other  bills. 

Every  Bill  which  shall  have  passed  the  House  of  Represent- 
atives and  the  Senate,  shall,  before  it  become  a  Law,  be  presented 
to  the  President  of  the  United  States  ;  If  he  approve  he  shall  sign 

VOL.  I. — 32 


242  THE   CONSTITUTION  OF  THE 

it,  but  if  not  he  shall  return  it,  with  his  Objections  to  that  House 
in  which  it  shall  have  originated,  who  shall  enter  the  Objections  at 
large  on  their  Journal,  and  proceed  to  reconsider  it.  If  after  such 
Reconsideration  two  thirds  of  that  House  shall  agree  to  pass  the 
Bill,  it  shall  be  sent,  together  with  the  Objections,  to  the  other 
House,  by  which  it  shall  likewise  be  reconsidered,  and  if  approved 
by  two  thirds  of  that  House,  it  shall  become  a  Law.  But  in  all 
such  Cases  the  Votes  of  both  Houses  shall  be  determined  by  yeas 
and  Nays,  and  the  Names  of  the  Persons  voting  for  and  against 
the  Bill  shall  be  entered  on  the  Journal  of  each  House  respectively. 
If  any  Bill  shall  not  be  returned  by  the  President  within  ten  Days 
(Sundays  excepted)  after  it  shall  have  been  presented  to  him,  the 
Same  shall  be  a  Law,  in  like  Manner  as  if  he  had  signed  it,  unless 
the  Congress  by  their  Adjournment  prevent  its  Return,  in  which 
Case  it  shall  not  be  a  Law. 

Every  Order,  Resolution,  or  Vote  to  which  the  Concurrence 
of  the  Senate  and  House  of  Representatives  may  be  necessary 
(except  on  a  question  of  Adjournment)  shall  be  presented  to  the 
President  of  the  United  States ;  and  before  the  Same  shall  take 
Effect,  shall  be  approved  by  him,  or  being  disapproved  by  him, 
shall  be  repassed  by  two  thirds  of  the  Senate  and  House  of 
Representatives,  according  to  the  Rules  and  Limitations  pre- 
scribed in  the  Case  of  a  Bill. 

SECTION.  8.  The  Congress  shall  have  Power  To  lay  and  collect 
Taxes,  Duties,  Imposts  and  Excises,  to  pay  the  Debts  and  provide 
for  the  common  Defence  and  general  Welfare  of  the  United 
States ;  but  all  Duties,  Imposts  and  Excises  shall  be  uniform 
throughout  the  United  States ; 

To  borrow  Money  on  the  credit  of  the  United  States ; 

To  regulate  Commerce  with  foreign  Nations,  and  among  the 
several  States,  and  with  the  Indian  Tribes; 

To  establish  an  uniform  Rule  of  Naturalization,  and  uniform 
Laws  on  the  subject  of  Bankruptcies  throughout  the  United  States; 


UNITED  STATES  OF  AMERICA. 


243 


To  coin  Money,  regulate  the  Value  thereof,  and  of  foreign 
Coin,  and  fix  the  Standard  of  Weights  and  Measures ; 

To  Provide  for  the  Punishment  of  counterfeiting  the  Secu- 
rities and  current  Coin  of  the  United  States ; 

To  establish  Post  Offices  and  post  Roads ; 

To  promote  the  Progress  of  Science  and  useful  Arts,  by 
securing  for  limited  Times  to  Authors  and  Inventors  the  exclusive 
Right  to  their  respective  Writings  and  Discoveries ; 

To  constitute  Tribunals  inferior  to  the  supreme  Court; 

To  define  and  punish  Piracies  and  Felonies  committed  on  the 
high  Seas,  and  Offences  against  the  Law  of  Nations ; 

To  declare  War,  grant  Letters  of  Marque  and  Reprisal,  and 
make  Rules  concerning  Captures  on  Land  and  Water  ; 

To  raise  and  support  Armies,  but  no  Appropriation  of 
Money  to  that  Use  shall  be  for  a  longer  Term  than  two  Years ; 

To  provide  and  maintain  a  Navy; 

To  make  Rules  for  the  Government  and  Regulation  of  the 
land  and  naval  Forces ; 

To  provide  for  calling  forth  the  Militia  to  execute  the  Laws 
of  the  Union,  suppress  Insurrections  and  repel  Invasions ; 

To  provide  for  organizing,  arming,  and  disciplining,  the  Militia, 
and  for  governing  such  Part  of  them  as  may  be  employed  in  the 
Service  of  the  United  States,  reserving  to  the  States  respectively, 
the  Appointment  of  the  Officers,  and  the  Authority  of  training  the 
Militia  according  to  the  discipline  prescribed  by  Congress ; 

To  exercise  exclusive  Legislation  in  all  Cases  whatsoever, 
over  such  District  (not  exceeding  ten  miles  square)  as  may,  by 
Cession  of  particular  States,  and  the  Acceptance  of  Congress, 
become  the  Seat  of  the  Government  of  the  United  States,  and 
to  exercise  like  Authority  over  all  Places  purchased  by  the  Consent 
of  the  Legislature  of  the  State  in  which  the  Same  shall  be,  for  the 
Erection  of  Forts,  Magazines,  Arsenals,  dock  Yards,  and  other 
needful  Buildings ; — And 


THE  CONSTITUTION  OF  THE 

To  make  all  Laws  which  shall  be  necessary  and  proper  for 
carrying  into  Execution  the  foregoing  Powers,  and  all  other 
Powers  vested  by  this  Constitution  in  the  Government  of  the 
United  States,  or  in  any  Department  or  Officer  thereof. 

SECTION.  9.  The  Migration  or  Importation  of  such  Persons  as 
any  of  the  States  now  existing  shall  think  proper  to  admit,  shall 
not  be  prohibited  by  the  Congress  prior  to  the  Year  one  thousand 
eight  hundred  and  eight,  but  a  Tax  or  duty  may  be  imposed  on 
such  Importation,  not  exceeding  ten  dollars  for  each  Person. 

The  Privilege  of  the  Writ  of  Habeas  Corpus  shall  not  be  sus- 
pended, unless  when  in  Cases  of  Rebellion  or  Invasion  the  public 
Safety  may  require  it. 

No  Bill  of  Attainder  or  ex  post  facto  Law  shall  be  passed. 

No  Capitation,  or  other  direct,  Tax  shall  be  laid,  unless  in 
Proportion  to  the  Census  or  Enumeration  herein  before  directed 
to  be  taken. 

No  tax  or  Duty  shall  be  laid  on  Articles  exported  from  any 
State. 

No  Preference  shall  be  given  by  any  Regulation  of  Commerce 
or  Revenue  to  the  Ports  of  one  State  over  those  of  another :  nor 
shall  Vessels  bound  to,  or  from,  one  State,  be  obliged  to  enter, 
clear,  or  pay  Duties  in  another. 

No  Money  shall  be  drawn  from  the  Treasury,  but  in  Conse- 
quence of  Appropriations  made  by  Law ;  and  a  regular  Statement 
and  Account  of  the  Receipts  and  Expenditures  of  all  public 
Money  shall  be  published  from  time  to  time. 

No  Title  of  Nobility  shall  be  granted  by  the  United  States: 
And  no  Person  holding  any  office  of  Profit  or  Trust  under  them, 
shall,  without  the  Consent  of  the  Congress,  accept  of  any  present, 
Emolument,  Office,  or  Title,  of  any  kind  whatever,  from  any  King, 
Prince,  or  foreign  State. 

SECTION.  10.  No  State  shall  enter  into  any  Treaty,  Alliance,  or 
Confederation ;  grant  Letters  of  Marque  and  Reprisal ;  coin 


UNITED  STATES  OF  AMERICA.  245 

Money  ;  emit  Bills  of  Credit ;  make  any  Thing  but  gold  and  silver 
Coin  a  Tender  in  Payment  of  Debts  ;  pass  any  Bill  of  Attainder, 
ex  post  facto  Law,  or  Law  impairing  the  Obligation  of  Contracts, 
or  grant  any  Title  of  Nobility. 

No  State  shall,  without  the  Consent  of  the  Congress,  lay  any 
Imposts  or  Duties  on  Imports  or  Exports,  except  what  may  be 
absolutely  necessary  for  executing  it's  inspection  Laws  :  and  the 
net  Produce  of  all  Duties  and  Imposts,  laid  by  any  State  on 
Imports  or  Exports,  shall  be  for  the  Use  of  the  Treasury  of  the 
United  States ;  and  all  such  Laws  shall  be  subject  to  the  Re- 
vision and  Controul  of  the  Congress. 

No  State  shall,  without  the  Consent  of  Congress,  lay  any 
Duty  of  Tonnage,  keep  Troops,  or  Ships  of  War  in  time  of 
Peace,  enter  into  any  Agreement  or  Compact  with  another  State, 
or  with  a  foreign  Power,  or  engage  in  war,  unless  actually  in- 
vaded, or  in  such  imminent  Danger  as  will  not  admit  of  delay. 

ARTICLE   II. 

SECTION,  i.  The  executive  Power  shall  be  vested  in  a  Presi- 
dent of  the  United  States  of  America.  He  shall  hold  his  Office 
during  the  Term  of  four  Years,  and,  together  with  the  Vice  Presi- 
dent, chosen  for  the  same  Term,  be  elected,  as  follows 

Each  State  shall  appoint,  in  such  Manner  as  the  Legislature 
thereof  may  direct,  a  Number  of  Electors,  equal  to  the  whole 
Number  of  Senators  and  Representatives  to  which  the  State  may 
be  entitled  in  the  Congress :  but  no  Senator  or  Representative, 
or  Person  holding  an  Office  of  Trust  or  Profit  under  the  United 
States,  shall  be  appointed  an  Elector. 

The  Electors  shall  meet  in  their  respective  States,  and  vote 
by  Ballot  for  two  Persons,  of  whom  one  at  least  shall  not  be 
an  Inhabitant  of  the  same  State  with  themselves.  And  they  shall 
make  a  List  of  all  the  Persons  voted  for,  and  of  the  Number 
of  Votes  for  each  ;  which  List  they  shall  sign  and  certify,  and 


246  THE   CONSTITUTION  OF   THE 

transmit  sealed  to  the  Seat  of  the  Government  of  the  United 
States,  directed  to  the  President  of  the  Senate.  The  President 
of  the  Senate  shall,  in  the  Presence  of  the  Senate  and  House 
of  Representatives,  open  all  the  Certificates,  and  the  Votes  shall 
then  be  counted.  The  Person  having  the  greatest  Number  of 
Votes  shall  be  the  President,  if  such  Number  be  a  Majority  of 
the  whole  Number  of  Electors  appointed  ;  and  if  there  be  more 
than  one  who  have  such  Majority,  and  have  an  equal  Number 
of  Votes,  then  the  House  of  Representatives  shall  immediately 
chuse  by  Ballot  one  of  them  for  President ;  and  if  no  Person 
have  a  Majority,  then  from  the  five  highest  on  the  List  the  said 
House  shall  in  like  Manner  chuse  the  President.  But  in 
chusing  the  President,  the  Votes  shall  be  taken  by  States,  the 
Representation  from  each  State  having  one  Vote  ;  A  quorum  for 
this  Purpose  shall  consist  of  a  Member  or  Members  from  two- 
thirds  of  the  States,  and  a  Majority  of  all  the  States  shall  be 
necessary  to  a  Choice.  In  every  Case,  after  the  Choice  of  the 
President,  the  Person  having  the  greatest  Number  of  Votes  of 
the  Electors  shall  be  the  Vice  President.  But  if  there  should 
remain  two  or  more  who  have  equal  Votes,  the  Senate  shall 
chuse  from  them  by  Ballot  the  Vice  President. 

The  Congress  may  determine  the  Time  of  chusing  the  Elec- 
tors, and  the  Day  on  which  they  shall  give  their  Votes  ;  which 
Day  shall  be  the  same  throughout  the  United  States. 

No  Person  except  a  natural  born  Citizen,  or  a  Citizen  of 
the  United  States,  at  the  time  of  the  Adoption  of  this  Consti- 
tution, shall  be  eligible  to  the  Office  of  President;  neither  shall 
any  Person  be  eligible  to  that  Office  who  shall  not  have  attained 
to  the  Age  of  thirty  five  Years,  and  been  fourteen  Years  a  Resi- 
dent within  the  United  States. 

In  case  of  the  Removal  of  the  President  from  Office,  or  of 
his  Death,  Resignation,  or  Inability  to  discharge  the  Powers 
and  Duties  of  the  said  Office,  the  Same  shall  devolve  on  the 


UNITED  STATES   OF  AMERICA.  247 

Vice  President,  and  the  Congress  may  by  Law  provide  for  the 
Case  of  Removal,  Death,  Resignation,  or  Inability,  both  of  the 
President  and  Vice  President,  declaring  what  Officer  shall  then 
act  as  President,  and  such  Officer  shall  act  accordingly,  until 
the  Disability  be  removed,  or  a  President  shall  be  elected. 

The  President  shall,  at  stated  Times,  receive  for  his  Ser- 
vices, a  Compensation,  which  shall  neither  be  encreased  nor  dimin- 
ished during  the  Period  for  which  he  shall  have  been  elected, 
and  he  shall  not  receive  within  that  Period  any  other  Emolu- 
ment from  the  United  States,  or  any  of  them. 

Before  he  enter  on  the  Execution  of  his  Office,  he  shall  take 
the  following  Oath  or  Affirmation : — "  I  do  solemnly  swear  (or 
affirm)  that  I  will  faithfully  execute  the  Office  of  President  of 
the  United  States,  and  will  to  the  best  of  my  Ability,  preserve, 
protect  and  defend  the  Constitution  of  the  United  States." 

SECTION.  2.  The  President  shall  be  Commander  in  Chief  of 
the  Army  and  Navy  of  the  United  States,  and  of  the  Militia  of 
the  several  States,  when  called  into  the  actual  Service  of  the 
United  States ;  he  may  require  the  Opinion,  in  writing,  of  the 
principal  Officer  in  each  of  the  executive  Departments,  upon  any 
Subject  relating  to  the  Duties  of  their  respective  Offices,  and  he 
shall  have  Power  to  grant  Reprieves  and  Pardons  for  Offences 
against  the  United  States,  except  in  Cases  of  Impeachment. 

He  shall  have  Power,  by  and  with  the  Advice  and  Consent  of 
the  Senate,  to  make  Treaties,  provided  two  thirds  of  the  Senators 
present  concur ;  and  he  shall  nominate,  and  by  and  with  the 
Advice  and  Consent  of  the  Senate,  shall  appoint  Ambassadors, 
other  public  Ministers  and  Consuls,  Judges  of  the  supreme  Court, 
and  all  other  Officers  of  the  United  States,  whose  Appointments 
are  not  herein  otherwise  provided  for,  and  which  shall  be  estab- 
lished by  Law :  but  the  Congress  may  by  Law  vest  the  Appoint- 
ment of  such  inferior  Officers,  as  they  think  proper,  in  the  Presi- 
dent alone,  in  the  Courts  of  Law,  or  in  the  Heads  of  Departments. 


248  THE   CONSTITUTION  OF  THE 

The  President  shall  have  Power  to  fill  up  all  Vacancies  that 
may  happen  during  the  Recess  of  the  Senate,  by  granting  Com- 
missions which  shall  expire  at  the  End  of  their  next  Session. 

SECTION.  3.  He  shall  from  time  to  time  give  to  the  Congress 
Information  of  the  State  of  the  Union,  and  recommend  to  their 
Consideration  such  Measures  as  he  shall  judge  necessary  and 
expedient ;  he  may,  on  extraordinary  Occasions,  convene  both 
Houses,  or  either  of  them,  and  in  Case  of  Disagreement  between 
them,  with  Respect  to  the  Time  of  Adjournment,  he  may  adjourn 
them  to  such  Time  as  he  shall  think  proper ;  he  shall  receive 
Ambassadors  and  other  public  Ministers  ;  he  shall  take  Care  that 
the  Laws  be  faithfully  executed,  and  shall  Commission  all  the 
Officers  of  the  United  States. 

SECTION.  4.  The  President,  Vice  President  and  all  civil  Officers 
of  the  United  States,  shall  be  removed  from  Office  on  Impeach- 
ment for,  and  Conviction  of,  Treason,  Bribery,  or  other  high 
Crimes  and  Misdemeanors. 

ARTICLE   III. 

SECTION,  i .  The  judicial  Power  of  the  United  States,  shall  be 
vested  in  one  supreme  Court,  and  in  such  inferior  Courts  as  the 
Congress  may  from  time  to  time  ordain  and  establish.  The 
Judges,  both  of  the  supreme  and  inferior  Courts,  shall  hold  their 
Offices  during  good  Behavior,  and  shall,  at  stated  Times,  receive 
for  their  Services,  a  Compensation,  which  shall  not  be  diminished 
during  their  Continuance  in  Office. 

SECTION.  2.  The  judicial  Power  shall  extend  to  all  Cases,  in 
Law  and  Equity,  arising  under  this  Constitution,  the  Laws  of  the 
United  States,  and  Treaties  made,  or  which  shall  be  made,  under 
their  Authority  ; — to  all  Cases  affecting  Ambassadors,  other  public 
Ministers,  and  Consuls  ; — to  all  Cases  of  admiralty  and  maritime 
Jurisdiction  ; — to  Controversies  to  which  the  United  States  shall 
be  a  Party; — to  Controversies  between  two  or  more  States; — 


UNITED  STA  TES   OF  AMERICA. 


249 


between  a  State  and  Citizens  of  another  State ; — between  Citizens 
of  different  States, — between  Citizens  of  the  same  State  claiming 
Lands  under  Grants  of  different  States,  and  between  a  State,  or 
the  Citizens  thereof,  and  foreign  States,  Citizens  or  subjects. 

In  all  Cases  affecting  Ambassadors,  other  public  Ministers  and 
Consuls,  and  those  in  which  a  State  shall  be  Party,  the  supreme 
Court  shall  have  original  Jurisdiction.  In  all  the  other  Cases 
before  mentioned,  the  supreme  Court  shall  have  appellate  Juris- 
diction, both  as  to  Law  and  Fact,  with  such  Exceptions,  and  under 
such  Regulations  as  the  Congress  shall  make. 

The  Trial  of  all  Crimes,  except  in  Cases  of  Impeachment, 
shall  be  by  Jury  ;  and  such  Trial  shall  be  held  in  the  State  where 
the  said  Crimes  shall  have  been  committed  ;  but  when  not  com- 
mitted within  any  State,  the  Trial  shall  be  at  such  Place  or  Places 
as  the  Congress  may  by  Law  have  directed. 

SECTION.  3.  Treason  against  the  United  States,  shall  consist 
only  in  levying  War  against  them,  or  in  adhering  to  their  Enemies, 
giving  them  Aid  and  Comfort.  No  Person  shall  be  convicted 
of  Treason  unless  on  the  Testimony  of  two  Witnesses  to  the 
same  overt  Act,  or  on  Confession  in  open  Court. 

The  Congress  shall  have  Power  to  declare  the  Punishment 
of  Treason,  but  no  Attainder  of  Treason  shall  work  Corruption 
of  Blood,  or  Forfeiture  except  during  the  Life  of  the  Person 
attainted. 

ARTICLE    IV. 

SECTION,  i.  Full  Faith  and  Credit  shall  be  given  in  each  State 
to  the  public  Acts,  Records,  and  judicial  Proceedings  of  every 
other  State.  And  the  Congress  may  by  general  Laws  prescribe 
the  Manner  in  which  such  Acts,  Records  and  Proceedings  shall 
be  proved,  and  the  Effect  thereof. 

SECTION.  2.  The  Citizens  of  each  State  shall  be  entitled  to  all 
Privileges  and  Immunities  of  Citizens  in  the  several  States. 

VOL.  i.— 33 


250  THE  CONSTITUTION  OF  THE 

A  Person  charged  in  any  State  with  Treason,  Felony,  or  other 
Crime,  who  shall  flee  from  Justice,  and  be  found  in  another  State, 
shall  on  Demand  of  the  executive  Authority  of  the  State  from 
which  he  fled,  be  delivered  up,  to  be  removed  to  the  State 
having  Jurisdiction  of  the  Crime. 

No  Person  held  to  Service  or  Labour  in  one  State,  under 
the  Laws  thereof,  escaping  into  another,  shall,  in  Consequence  of 
any  Law  or  Regulation  therein,  be  discharged  from  such  Service 
or  Labour,  but  shall  be  delivered  up  on  Claim  of  the  Party  to 
whom  such  Service  or  Labour  may  be  due. 

SECTION.  3.  New  States  may  be  admitted  by  the  Congress  into 
this  Union  ;  but  no  new  State  shall  be  formed  or  erected  within 
the  Jurisdiction  of  any  other  State  ;  nor  any  State  be  formed 
by  the  Junction  of  two  or  more  States,  or  Parts  of  States,  without 
the  consent  of  the  Legislatures  of  the  States  concerned  as  well 
as  of  the  Congress. 

The  Congress  shall  have  Power  to  dispose  of  and  make  all 
needful  Rules  and  Regulations  respecting  the  Territory  or  other 
Property  belonging  to  the  United  States  ;  and  nothing  in  this 
Constitution  shall  be  so  construed  as  to  Prejudice  any  Claims  of 
the  United  States,  or  of  any  particular  State. 

SECTION.  4.  The  United  States  shall  guarantee  to  every  State  in 
this  Union  a  Republican  Form  of  Government,  and  shall  protect 
each  of  them  against  Invasion ;  and  on  Application  of  the  Legisla- 
ture, or  of  the  Executive  (when  the  legislature  cannot  be  con- 
vened) against  domestic  Violence. 

ARTICLE    V. 

The  Congress,  whenever  two  thirds  of  both  Houses  shall 
deem  it  necessary,  shall  propose  Amendments  to  this  Constitution, 
or,  on  the  Application  of  the  Legislatures  of  two  thirds  of  the 
several  States,  shall  call  a  Convention  for  proposing  Amendment, 


UNITED  STATES  OF  AMERICA.  251 

which,  in  either  Case,  shall  be  valid  to  all  Intents  and  Purposes,  as 
Part  of  this  Constitution,  when  ratified  by  the  Legislatures  of 
three  fourths  of  the  several  States,  or  by  Conventions  in  three 
fourths  thereof,  as  the  one  or  the  other  Mode  of  Ratification  may 
be  proposed  by  the  Congress ;  Provided  that  no  Amendment 
which  may  be  made  prior  to  the  Year  One  thousand  eight  hundred 
and  eight  shall  in  any  Manner  affect  the  first  and  fourth  Clauses 
in  the  Ninth  Section  of  the  first  Article ;  and  that  no  State, 
without  its  Consent,  shall  be  deprived  of  its  equal  Suffrage  in 
the  Senate. 

ARTICLE    VI. 

All  Debts  contracted  and  Engagements  entered  into,  before 
the  Adoption  of  this  Constitution,  shall  be  as  valid  against  the 
United  States  under  this  Constitution,  as  under  the  Confedera- 
tion. 

This  Constitution,  and  the  Laws  of  the  United  States  which 
shall  be  made  in  Pursuance  thereof;  and  all  Treaties  made,  or 
which  shall  be  made,  under  the  Authority  of  the  United  States, 
shall  be  the  supreme  Law  of  the  Land  ;  and  the  Judges  in  every 
State  shall  be  bound  thereby,  any  Thing  in  the  Constitution  or 
Laws  of  any  State  to  the  Contrary  notwithstanding. 

The  Senators  and  Representatives  before  mentioned,  and  the 
Members  of  the  several  State  Legislatures,  and  all  executive 
and  judicial  Officers,  both  of  the  United  States  and  of  the  sev- 
eral States,  shall  be  bound  by  Oath  or  Affirmation,  to  support 
this  Constitution  ;  but  no  religious  Test  shall  ever  be  required 
as  a  Qualification  to  any  Office  or  public  Trust  under  the  United 
States. 

ARTICLE    VII. 

The  Ratification  of  the  Conventions  of  nine  States,  shall  be 
sufficient  for  the  Establishment  of  this  Constitution  between  the 
States  so  ratifying  the  Same. 


252 


THE   CONSTITUTION  OF  THE 


Done  in  Convention  by  the  Unanimous  Consent  of  the  States 
present  the  Seventeenth  Day  of  September  in  the  Year 
of  our  Lord  one  thousand  seven  hundred  and  Eighty 
seven  and  of  the  Independence  of  the  United  States  of 
America  the  Twelfth  |jtt  Wttttl$$  whereof  WE  have  here- 
unto subscribed  our  Names, 

G°.  WASHINGTON,  Presidt., 

And  deputy  from  Virginia. 
Attest : 

WILLIAM   JACKSON,  Secretary. 


NEW   HAMPSHIRE. 

JOHN  LANGDON, 
NICHOLAS  OILMAN, 

MASSACHUSETTS. 
NATHANIEL  GORHAM, 
RUFUS  KING, 

NEW   YORK. 

ALEXANDER  HAMILTON, 

CONNECTICUT. 

WM.  SAM'L  JOHNSON, 
ROGER  SHERMAN, 

NEW  JERSEY. 

WILL.  LIVINGSTON, 
DAVID  BREARLEY, 
WM.  PATERSON, 
JONA.  DAYTON, 

PENNSYLVANIA. 

B.  FRANKLIN, 
THOMAS  MIFFLIN, 
ROBT.  MORRIS, 
GEO.  CLYMER, 
THOS.  FITZSIMONS, 
JARED  INGERSOLL, 
JAMES  WILSON, 
Gouv.  MORRIS, 


DELAWARE. 
GEO.  READ, 

GUNNING  BEDFORD,  JUN., 
JOHN  DICKINSON, 
RICHARD  BASSETT, 
JACO.  BROOM, 

MARYLAND. 
JAMES  MCHENRY, 
DAN  OF  S.  THOS.  JENIFER, 
DAN'L  CARROLL, 

VIRGINIA. 
JOHN  BLAIR, 
JAMES  MADISON,  JR., 

NORTH    CAROLINA. 

WM.  BLOUNT, 

RICH'D  DOBBS  SPAIGHT, 

Hu.  WILLIAMSON, 

SOUTH    CAROLINA. 

J.  RUTLEDGE, 

CHARLES  COTESWORTH  PINCKNEY, 

CHARLES  PINCKNEY, 

PIERCE  BUTLER, 

GEORGIA. 

WILLIAM  FEW, 
ABR.  BALDWIN. 


UNITED  STATES   OF  AMERICA.  253 

IN   CONVENTION  MONDAY,  September  i7//fc,  1787. 

PRESENT 

THE  STATES  OF  New  Hampshire,  Massachusetts,  Connecticut,  Mr. 
Hamilton,  from  New  York,  New  Jersey,  Pennsylvania,  Delaware, 
Maryland,  Virginia,  North  Carolina,  South  Carolina,  and  Georgia. 

Resolved,  That  the  preceding  Constitution  be  laid  before  the  United 
States  in  Congress  assembled,  and  that  it  is  the  Opinion  of  this  Convention, 
that  it  should  afterwards  be  submitted  to  a  Convention  of  Delegates,  chosen 
in  each  State  by  the  People  thereof,  under  the  Recommendation  of  its  legis- 
lature, for  their  Assent  and  Ratification ;  and  that  each  Convention  assenting 
to,  and  ratifying  the  Same,  should  give  Notice  thereof  to  the  United  States 
in  Congress  assembled. 

Resolved,  That  it  is  the  Opinion  of  this  Convention,  that  as  soon  as  the 
Conventions  of  nine  States  shall  have  ratified  this  Constitution,  the  United 
States  in  Congress  assembled  should  fix  a  Day  on  which  Electors  should  be 
appointed  by  the  States  which  shall  have  ratified  the  same,  and  a  Day  on 
which  the  Electors  should  assemble  to  vote  for  the  President,  and  the  Time 
and  Place  for  commencing  Proceedings  under  this  Constitution. 

That  after  such  Publication  the  Electors  should  be  appointed,  and  the 
Senators  and  Representatives  elected :  That  the  Electors  should  meet  on 
the  Day  fixed  for  the  Election  of  the  President,  and  should  transmit 
their  Votes  certified,  signed,  sealed  and  directed,  as  the  Constitution  requires, 
to  the  Secretary  of  the  United  States  in  Congress  assembled,  that  the 
Senators  and  Representatives  should  convene  at  the  Time  and  Place  as- 
signed ;  that  the  Senators  should  appoint  a  President  of  the  Senate,  for  the 
sole  Purpose  of  receiving,  opening  and  counting  the  Votes  for  President; 
and,  that  after  he  shall  be  chosen,  the  Congress,  together  with  the  Presi- 
dent, should,  without  Delay,  proceed  to  execute  this  Constitution. 
By  the  unanimous  Order  of  the  Convention, 

GEORGE  WASHINGTON,  Presidt. 
W.  JACKSON,  Secretary. 

IN  CONVENTION,  September  17,  1787. 

SIR  : — We  have  now  the  honor  to  submit  to  the  consideration  of  the 
United  States  in  Congress  assembled,  that  Constitution  which  has  appeared 
to  us  the  most  advisable. 


254 


THE  CONSTITUTION  OF  THE 


The  friends  of  our  country  have  long  seen  and  desired,  that  the  power  of 
making  war,  peace,  and  treaties,  that  of  levying  money  and  regulating  com- 
merce, and  the  correspondent  executive  and  judicial  authorities  should  be 
fully  and  effectually  vested  in  the  general  government  of  the  Union ;  but  the 
impropriety  of  delegating  such  extensive  trusts  to  one  body  of  men  is  evident, 
— hence  results  the  necessity  of  a  different  organization. 

It  is  obviously  impracticable  in  the  Federal  government  of  these  States 
to  secure  all  rights  of  independent  sovereignty  to  each,  and  yet  provide  for 
the  interest  and  safety  of  all.  Individuals  entering  into  society  must  give 
up  a  share  of  liberty  to  preserve  the  rest.  The  magnitude  of  the  sacrifice 
must  depend  as  well  on  situation  and  circumstance  as  on  the  object  to  be 
obtained.  It  is  at  all  times  difficult  to  draw  with  precision  the  line  between 
those  rights  which  must  be  surrendered  and  those  which  may  be  reserved ; 
and  on  the  present  occasion  this  difficulty  was  encreased  by  a  difference 
among  the  several  States  as  to  their  situation,  extent,  habits,  and  particular 
interests. 

In  all  our  deliberations  on  this  subject,  we  kept  steadily  in  our  view  that 
which  appears  to  us  the  greatest  interest  to  every  true  American,  the  con- 
solidation of  our  Union,  in  which  is  involved  our  prosperity,  safety,  perhaps 
our  national  existence.  This  important  consideration,  seriously  and  deeply 
impressed  on  our  minds,  led  each  State  in  the  Convention  to  be  less  rigid 
on  points  of  inferior  magnitude  than  might  have  been  otherwise  expected : 
and  thus  the  Constitution,  which  we  now  present,  is  the  result  of  a  spirit  of 
amity,  and  of  that  mutual  deference  and  concession  which  the  peculiarity  of 
our  political  situation  rendered  indispensable. 

That  it  will  meet  the  full  and  entire  approbation  of  every  State  is  not 
perhaps  to  be  expected ;  but  each  will  doubtless  consider  that,  had  her  inter- 
ests been  alone  consulted,  the  consequences  might  have  been  particularly 
disagreeable  or  injurious  to  others ;  that  it  is  liable  to  as  few  exceptions  as 
could  reasonably  have  been  expected,  we  hope  and  believe ;  that  it  may  pro- 
mote the  lasting  welfare  of  that  country  so  dear  to  us  all,  and  secure  her 
freedom  and  happiness,  is  our  most  ardent  wish. 

With  great  respect,  we  have  the  honor  to  be,  sir,  your  excellency's  most 
obedient  and  humble  servants, 

GEORGE  WASHINGTON,  President, 
By  unanimous  order  of  the  Convention. 

HIS   EXCELLENCY,   THE   PRESIDENT   OF   CONGRESS. 


UNITED  STATES  OF  AMERICA.  255 


AMENDMENTS  TO  THE   CONSTITUTION. 

ART.  I.  Congress  shall  make  no  law  respecting  an  establish- 
ment of  religion,  or  prohibiting  the  free  exercise  thereof;  or 
abridging  the  freedom  of  speech,  or  of  the  press ;  or  the  right  of 
the  people  peaceably  to  assemble,  and  to  petition  the  Government 
for  a  redress  of  grievances. 

ART.  II.  A  well-regulated  Militia,  being  necessary  to  the  se- 
curity of  a  free  State,  the  right  of  the  people  to  keep  and  bear 
Arms,  shall  not  be  infringed. 

ART.  III.  No  Soldier  shall,  in  time  of  peace,  be  quartered  in 
any  house,  without  the  consent  of  the  Owner,  nor  in  time  of  war, 
but  in  a  manner  to  be  prescribed  by  law. 

ART.  IV.  The  right  of  the  people  to  be  secure  in  their  persons, 
houses,  papers,  and  effects,  against  unreasonable  searches  and 
seizures,  shall  not  be  violated,  and  no  Warrants  shall  issue,  but 
upon  probable  cause,  supported  by  Oath  or  affirmation,  and  par- 
ticularly describing  the  place  to  be  searched,  and  the  persons  or 
things  to  be  seized. 

ART.  V.  No  person  shall  be  held  to  answer  for  a  capital,  or 
otherwise  infamous  crime,  unless  on  a  presentment  or  indictment 
of  a  Grand  Jury,  except  in  cases  arising  in  the  land  or  naval  forces, 
or  in  the  Militia,  when  in  actual  service  in  time  of  War  or  public 
danger ;  nor  shall  any  person  be  subject  for  the  same  offence  to 
be  twice  put  in  jeopardy  of  life  or  limb ;  nor  shall  be  compelled  in 
any  Criminal  Case,  to  be  witness  against  himself,  nor  be  deprived 
of  life,  liberty,  or  property,  without  due  process  of  law ;  nor  shall 
private  property  be  taken  for  public  use,  without  just  compen- 
sation. 

ART.  VI.  In  all  criminal  prosecutions,  the  accused  shall  enjoy 
the  right  to  a  speedy  and  public  trial,  by  an  impartial  jury  of  the 
State  and  district  wherein  the  crime  shall  have  been  committed, 


2c6  THE  CONSTITUTION  OF  THE 

which  district  shall  have  been  previously  ascertained  by  law,  and 
to  be  informed  of  the  nature  and  cause  of  the  accusation ;  to  be 
confronted  with  the  witnesses  against  him ;  to  have  compulsory 
process  for  obtaining  witnesses  in  his  favor,  and  to  have  the 
Assistance  of  Counsel  for  his  defence. 

ART.  VII.  In  suits  at  common  law,  where  the  value  in  con- 
troversy shall  exceed  twenty  dollars,  the  right  of  trial  by  jury 
shall  be  preserved,  and  no  fact  tried  by  a  jury  shall  be  otherwise 
re-examined  in  any  Court  of  the  United  States,  than  according  to 
the  rules  of  the  common  law. 

ART.  VIII.  Excessive  bail  shall  not  be  required,  nor  excessive 
fines  imposed,  nor  cruel  and  unusual  punishments  inflicted. 

ART.  IX.  The  enumeration  in  the  Constitution,  of  certain 
rights,  shall  not  be  construed  to  deny  or  disparage  others  re- 
tained by  the  people. 

ART.  X.  The  powers  not  delegated  to  the  United  States  by 
the  Constitution,  nor  prohibited  by  it  to  the  States,  are  reserved 
to  the  States  respectively,  or  to  the  people. 

ART.  XI.  The  judicial  power  of  the  United  States  shall  not 
be  construed  to  extend  to  any  suit  in  law  or  equity,  commenced  or 
prosecuted  against  one  of  the  United  States  by  Citizens  of  another 
State,  or  by  Citizens  or  Subjects  of  any  Foreign  State. 

ART.  XII.  The  electors  shall  meet  in  their  respective  states, 
and  vote  by  ballot  for  President  and  Vice-President,  one  of  whom, 
at  least,  shall  not  be  an  inhabitant  of  the  same  State  with  them- 
selves ;  they  shall  name  in  their  ballots  the  person  voted  for  as 
President,  and  in  distinct  ballots  the  person  voted  for  as  Vice- 
President,  and  they  shall  make  distinct  lists  of  all  persons  voted 
for  as  President,  and  of  all  persons  voted  for  as  Vice-President,  and 
of  the  number  of  votes  for  each,  which  list  they  shall  sign  and 
certify,  and  transmit  sealed  to  the  seat  of  the  Government  of  the 
United  States,  directed  to  the  President  of  the  Senate; — the  Presi- 
dent of  the  Senate  shall,  in  the  presence  of  the  Senate  and  House 


UNITED  STATES  OF  AMERICA. 


257 


of  Representatives,  open  all  the  certificates,  and  the  votes  shall 
then  be  counted ; — The  person  having  the  greatest  number  of  votes 
for  President,  shall  be  the  President,  if  such  number  be  a  majority 
of  the  whole  number  of  Electors  appointed ;  and  if  no  person 
have  such  majority,  then  from  the  persons  having  the  highest 
numbers  not  exceeding  three  on  the  list  of  those  voted  for  as 
President,  the  House  of  Representatives  shall  choose  immediately, 
by  ballot,  the  President.  But  in  choosing  the  President,  the  votes 
shall  be  taken  by  states,  the  representation  from  each  state  having 
one  vote ;  a  quorum  for  this  purpose  shall  consist  of  a  member 
or  members  from  two-thirds  of  the  states,  and  a  majority  of  all 
the  states  shall  be  necessary  to  a  choice.  And  if  the  House  of 
Representatives  shall  not  choose  a  President  whenever  the  right 
of  choice  shall  devolve  upon  them,  before  the  fourth  day  of  March 
next  following,  then  the  Vice-President  shall  act  as  President,  as 
in  the  case  of  the  death  or  other  constitutional  disability  of  the 
President. 

The  person  having  the  greatest  number  of  votes  as  Vice-Pres- 
ident, shall  be  the  Vice-President,  if  such  number  be  a  majority 
of  the  whole  number  of  Electors  appointed,  and  if  no  person 
have  a  majority,  then  from  the  two  highest  numbers  on  the  list,  the 
Senate  shall  choose  the  Vice-President ;  a  quorum  for  the  purpose 
shall  consist  of  two-thirds  of  the  whole  number  of  Senators,  and 
a  majority  of  the  whole  number  shall  be  necessary  to  a  choice. 
But  no  person  constitutionally  ineligible  to  the  office  of  Pres- 
ident shall  be  eligible  to  that  of  Vice-President  of  the  United 
States. 

ART.  XIII.  i.  Neither  slavery  nor  involuntary  servitude,  except 
as  a  punishment  for  crime  whereof  the  party  shall  have  been  duly 
convicted,  shall  exist  within  the  United  States,  or  any  place  subject 
to  their  jurisdiction. 

2.  Congress  shall  have  power  to  enforce  this  article  by  appro- 
priate legislation. 
VOL.  i.— 34 


258  THE  CONSTITUTION  OF  THE 

ART.  XIV.  i.  All  persons  born  or  naturalized  in  the  United 
States,  and  subject  to  the  jurisdiction  thereof,  are  citizens  of  the 
United  States  and  of  the  State  wherein  they  reside.  No  State 
shall  make  or  enforce  any  law  which  shall  abridge  the  privileges 
or  immunities  of  citizens  of  the  United  States ;  nor  shall  any 
State  deprive  any  person  of  life,  liberty,  or  property,  without  due 
process  of  law;  nor  deny  to  any  person  within  its  jurisdiction 
the  equal  protection  of  the  laws. 

2.  Representatives  shall  be  apportioned   among   the  several 
States  according  to  their  respective  numbers,  counting  the  whole 
number  of  persons  in  each  State,  excluding  Indians  not  taxed. 
But  when   the   right  to  vote  at  any  election   for  the   choice   of 
electors  for  President  and  Vice  President  of  the  United  States, 
Representatives  in  Congress,  the  Executive  and  Judicial  officers 
of  a  State,  or  the  members  of  the  Legislature  thereof,  is  denied 
to  any  of  the  male  inhabitants  of  such  State,  being  twenty-one 
years  of  age,  and  citizens  of  the  United  States,  or  in  any  way 
abridged,  except  for  participation  in  rebellion,  or  other  crime,  the 
basis  of  representation  therein  shall  be  reduced  in  the  proportion 
which  the  number  of  such  male  citizens  shall  bear  to  the  whole 
number  of  male  citizens  twenty-one  years  of  age  in  such  State. 

3.  No  person  shall  be  a  Senator  or  Representative  in  Con- 
gress,  or  elector  of  President  and  Vice  President,  or  hold  any 
office,  civil  or  military,  under  the  United  States,  or  under  any 
State,  who,  having  previously  taken  an   oath,  as  a  member  of 
Congress,  or  as  an  officer  of  the  United  States,  or  as  a  member 
of  any  State  legislature,  or  as  an  executive  or  judicial  officer  of 
any  State,  to  support  the  Constitution  of  the  United  States,  shall 
have  engaged  in   insurrection   or  rebellion  against  the  same,  or 
given  aid  or  comfort  to  the  enemies  thereof.     But  Congress  may 
by  a  vote  of  two-thirds  of  each  House,  remove  such  disability. 

4.  The  validity  of  the  public  debt  of  the  United  States,  author- 
ized by  law,  including  debts  incurred  for  payment  of  pensions 


UNITED  STATES  OF  AMERICA.  259 

and  bounties  for  services  in  suppressing  insurrection  or  rebellion, 
shall  not  be  questioned.  But  neither  the  United  States  nor  any 
State  shall  assume  or  pay  any  debt  or  obligation  incurred  in  aid 
of  insurrection  or  rebellion  against  the  United  States,  or  any  claim 
for  the  loss  or  emancipation  of  any  slave ;  but  all  such  debts,  obli- 
gations and  claims  shall  be  held  illegal  and  void. 

5.  The  Congress  shall  have  power  to  enforce,  by  appropriate 
legislation,  the  provisions  of  this  article. 

ART.  XV.  i.  The  right  of  citizens  of  the  United  States  to  vote 
shall  not  be  denied  or  abridged  by  the  United  States,  or  by  any 
State,  on  account  of  race,  color,  or  previous  condition  of  servitude. 

2.  The  Congress  shall  have  power  to  enforce  this  article  by 
appropriate  legislation. 

History  of  the  Amendments  to  the  Constitution. 

At  the  first  session  of  Congress  under  the  Constitution,  begun 
in  the  city  of  New  York,  March  4,  1789,  many  amendments  to  it 
were  offered  for  consideration  in  conformity  with  the  recommen- 
dations made  by  a  number  of  the  conventions  that  ratified  it.  Ten 
of  these  were  proposed  by  Congress  to  the  legislatures  of  the  sev- 
eral States.  They  were  ratified  by  the  requisite  number  by  the 
middle  of  December,  1791.  The  Xlth  Amendment  was  proposed 
September  5,  1 794,  and  was  ratified  in  1 798.  The  Xllth  Amend- 
ment was  proposed  December  12,  1803,  and  was  ratified  in  1804. 

In  May,  1810,  an  amendment  was  proposed  by  Congress,  pro- 
hibiting citizens  of  the  United  States  from  accepting  or  retaining 
any  title  of  nobility  or  honor,  present,  pension,  or  emolument  from 
any  person,  king,  or  foreign  power,  without  the  consent  of  Con- 
gress, under  the  penalty  of  disfranchisement.  It  was  never  ratified. 

The  XHIth  Amendment  was  adopted  by  Congress,  February  i, 

1865,  and  was  ratified  December  18,  1865. 

The  XlVth  Amendment  was  adopted  by  Congress,  June  16, 

1866,  and  was  ratified  July  21,  1868. 


260      THE  CONSTITUTION  OF  THE  UNITED  STATES  OF  AMERICA. 


The  XVth  Amendment  was  proposed  to  the  legislatures  of 
the  States  February  27,  1869,  and  proclaimed  adopted  March  30, 
1870. 

Order  of  Ratification  of  the  Constitution  by  the  States. 


Delaware  .  .  . 
Pennsylvania  . 
New  Jersey  .  . 
Georgia  .  .  . 
Connecticut  .  . 
Massachusetts  . 
Maryland .  .  . 
South  Carolina  . 
New  Hampshire 
Virginia  .  .  . 
New  York  .  . 
North  Carolina  . 
Rhode  Island 


Dec.  6,  1787  .  .  . 

Dec.  12,  "  .  .  . 

Dec.  1 8,  "  .  .  . 

Jan.  2,  1788  .  .  . 

Jan.  9,      "  .  .  . 

Feb.  6,     "  .  .  . 

April  26,"  .  .  . 

May  23,  "  .  .  . 

June  21,  "  .  .  . 

June  25,  "  .  .  . 

July  26,  "  .  .  . 

Nov.  21,  1789.  .  . 

May  29,  1790.  .  . 


Unanimously. 
46  to  23. 
Unanimously. 
Unanimously. 
128  to  40. 
187  to  1 68. 
63  to  II. 
149  to  73. 
57  to  46. 
89  to  79. 
30  to  27. 
193  to  75. 
34  to  32. 


Order  of  Admission  of  States  into  the  Union. 


Vermont     . 

•  1791 

Alabama     . 

.  1819 

Wisconsin  .     . 

1848 

Kentucky   . 

.  1792 

Maine     .     . 

.  1820 

California  .  .     . 

1850 

Tennessee  . 

.  1796 

Missouri 

.  1821 

Minnesota  .     . 

1858 

Ohio  .     .     . 

.  1802 

Arkansas    . 

.  1836 

Oregon  .     .     . 

1859 

Louisiana   . 

.  1812 

Michigan    . 

•  1837 

Kansas  .     .     . 

1861 

Indiana  .     . 

.  1816 

Florida  .     . 

.  1845 

West  Virginia. 

1863 

Mississippi  . 

.  1817 

Texas     .     . 

.  1845 

Nebraska    .     . 

1864 

Illinois   .     . 

.  1818 

Iowa  .     .     . 

.  1846 

Nevada  .     .     . 

1864 

Colorado    . 

.  1876 

Arizona  ....  1863 
Indian  Territory  .  1834 
Utah 1850 

District  of  Columbia 


- 


Territories. 

Dakota  .     .     .1861 
Montana     .     .  1864 
Washington     .  1853 
1790 
1791 


Idaho    .     .     .  1853 

New  Mexico  .  1850 

Wyoming      .  1868 

District  of  Alaska  .     .1868 


HISTORY 


OF   THE 

CONSTITUTIONAL  CENTENNIAL  COMMISSION- 


HAMPTON     L.    CARSON, 

SECRETARY  OF  THE  COMMISSION. 


THE  Constitutional  Centennial  Commission  was  organized  at 
Philadelphia,  on  the  2d  of  December,  1886,  for  the  purpose  of 
celebrating  with  appropriate  ceremonies  the  One  Hundredth 
Anniversary  of  the  Framing  and  Promulgation  of  the  Constitu- 
tion of  the  United  States. 

The  important  results  to  the  nation  and  to  the  world  at  large 
of  the  event  to  be  commemorated,  and  the  brilliant  scenes  which 
had  attended  the  International  Exhibition,  held  at  Philadelphia  in 
1876,  in  celebration  of  the  Centennial  Anniversary  of  the  Decla- 
ration of  American  Independence,  led  to  the  belief  that  the  people 
would  respond  with  reverent  zeal  to  an  invitation  to  visit  the 
holiest  spot  of  American  earth,  and  inspired  high  hopes  of  a 
great  awakening  of  patriotism. 

ORIGIN   OF  THE  MOVEMENT. 

The  movement  had  its  origin  in  a  concurrent  resolution  of  the 
Legislature  of  New  Jersey,  adopted  on  the  2d  of  June,  1886,  in- 
viting the  governors  and  representatives  of  the  thirteen  colonial 
States  to  assemble  in  Philadelphia  on  the  i  yth  of  September  fol- 
lowing, to  consider  the  propriety  of  a  national  celebration.  This 

261 


262  HISTORY  OF  THE 

resolution  was  suggested  by  Colonel  Jesse  E.  Peyton,  of  Haddon- 
field,  to  whose  fervor  and  industry  in  aiding  the  work  thus  auspi- 
ciously begun  the  most  grateful  acknowledgment  is  due.  The 
invitation  met  with  a  cordial  reception  by  those  addressed ;  and  in 
order  to  provide  for  the  entertainment  of  the  visitors  the  councils 
of  the  city  of  Philadelphia  appointed  a  joint  committee,  of  which 
the  Hon.  John  Bardsley  was  chairman,  and  John  R.  Lloyd,  Chas. 
Roberts,  J.  Dallas  Hall,  Harold  Mann,  W.  C.  Mackie,  Jos.  D. 
Murphy,  John  E.  Hanifen,  Jas.  Moran,  Chas.  Lawrence,  John  H. 
Graham,  Edwin  S.  Stuart,  A.  Ellwood  Jones,  Theo.  M.  Etting, 
Edward  Mathews,  Geo.  D.  Scherr,  Geo.  L.  Horn,  Jas.  A.  Freeman, 
Wm.  Moffett,  Jas.  R.  Gates,  John  Eckstein,  and  Jos.  H.  Paist  were 
members.  Their  efforts  were  supported  by  those  of  a  committee 
of  citizens,  of  which  Thomas  Cochran,  Esq.,  was  chairman,  John 
W.  Woodside  secretary  and  treasurer,  and  William  Brockie,  Jas. 
A.  Wright,  Wm.  J.  Lloyd,  Wm.  J.  Latta,  Thos.  L.  Gillespie,  Edwin 
H.  Filler,  Alex.  P.  Brown,  Howard  Deacon,  B.  K.  Jamison,  Amos 
R.  Little,  Justus  Strawbridge,  Robert  Buist,  Jr.,  Wm.  H.  Rhawn, 
Thos.  Dolan,  A.  B.  Rorke,  David  F.  Conover,  Thos.  J.  Smith,  J. 
W.  Supplee,  P.  P.  Bowles,  Wm.  M.  Singerly,  Geo.  Fox,  S.  H. 
Austin,  Jr.,  and  L.  S.  Boraef  were  members. 

Committees  were  also  appointed  by  the  Philadelphia  Maritime 
Exchange,  the  Commercial  Exchange,  the  Lumbermen's  Exchange, 
the  Carpenters'  Company,  and  the  press. 

MEETING  OF  THE  GOVERNORS  OF  THE  COLONIAL  STATES. 

On  the  morning  of  the  i;th  of  September,   1886,  the  distin- 
guished guests  assembled  in  Parlor  C,  of  the  Continental  Hotel, 
and  were  met  by  the  Councils'  and  Citizens'  Committees. 
The  various  States  were  represented  as  follows : 
PENNSYLVANIA. — Governor  Robert  E.  Pattison  and  Secretary 
of  the  Commonwealth  W.  S.  Sten^er. 


CONSTITUTIONAL   CENTENNIAL   COMMISSION.  263 

VIRGINIA. — Governor  Fitzhugh  Lee  and  his  staff,  Colonel  R.  S. 
Beirne,  Colonel  B.  O.  James,  and  Secretary  J.  E.  Walker. 

MARYLAND. — Governor  Henry  Y.  Lloyd,  Attorney-General 
Charles  B.  Roberts,  and  E.  W.  LeCompte,  D.  W.  King,  C.  P. 
Paine,  and  J.  E.  Hirst,  of  his  Excellency's  staff. 

DELAWARE. — Governor  Charles  C.  Stockley,  W.  Causey, 
George  V.  Massey,  J.  Turpin  Moore,  Henry  A.  DuPont,  the 
Hon.  J.  A.  Nicholson,  J.  P.  Cochran,  and  the  Hon.  Benjamin  T. 
Biggs. 

NEW  YORK. — Lieutenant-Governor  Edward  A.  Jones  and  Sec- 
retary C.  F.  Arcole. 

RHODE  ISLAND. — Governor  George  F.  Wetmore. 

GEORGIA. — Governor  Henry  D.  McDaniel,  the  Hon.  Evan  P. 
Howell,  the  Hon.  N.  J.  Hammond,  Colonel  John  A.  Stephens,  and 
Sanders  McDaniel. 

NEW  JERSEY. — A  committee  of  the  State  legislature,  empow- 
ered to  represent  Governor  Leon  Abbett.  They  were  A.  F.  R. 
Martin,  F.  S.  Alcott,  John  C.  Besson,  and  H.  M.  Jewett. 

SOUTH  CAROLINA. — Colonel  James  A.  Hoyt,  acting  for  Gov- 
ernor J.  R.  Sheppard. 

CONNECTICUT. — Ex-Governor  Bigelow,  representing  Governor 
Harrison,  and  Colonel  A.  N.  Kellam. 

Letters  of  regret  were  received,  but  expressing  sympathy  with 
the  movement,  from  Governor  Robinson,  of  Massachusetts,  Gov- 
ernor Currier,  of  New  Hampshire,  and  Governor  Scales,  of  North 
Carolina. 

Governor  Pattison,  of  Pennsylvania,  delivered  a  brief  address 
of  welcome : 

"  I  desire  to  say,  in  behalf  of  the  people  of  Pennsylvania,  that  we  are 
pleased  and  honored  to  have  you  in  our  midst,  and  we  earnestly  hope 
that  your  stay  will  be  pleasant.  We  shall  assuredly  endeavor  to  make  it 
so.  We  extend  to  you  all  the  cordiality  that  one  people  can  extend  to 
another.  We  welcome  you  to  the  Keystone  State  and  extend  to  you  its 


264 


HISTORY  OF  THE 


freedom.  And  we  hope  that  your  proceedings  in  behalf  of  the  celebration 
next  year  will  be  productive  of  great  good ;  that  they  will  be  second  only 
in  importance  and  historic  value  to  the  signing  of  the  Declaration  of 
Independence.  We  are  glad  to  have  you  with  us." 

The  visitors  then  repaired  to  the  State  House,  and  were 
received  in  Independence  Hall — which  had  been  appropriately 
decorated  with  flags — by  the  Hon.  William  B.  Smith,  mayor  of 
Philadelphia. 

"  It  is  with  a  high  degree  of  pleasure  and  honor,"  he  declared,  "  that  I 
am  permitted  in  behalf  of  Philadelphia,  a  city  rich  in  historic  memories,  to 
welcome  here  the  chief  representatives  of  the  States  that  have  grown  from 
the  thirteen  colonies.  I  heartily  bid  you  welcome,  and  trust  that  we  may 
be  able  to  add  to  your  pleasure  while  here.  May  this  visit  be  not  only  one 
of  rare  enjoyment  to  you,  but  also  productive  of  good  to  us  all.  Again  I 
bid  you  welcome." 

To  this  greeting  Governor  Lee,  of  Virginia,  replied : 

"  Professor  Tyndall,  in  tracing  the  history  of  a  drop  of  water,  repre- 
sents it  as  lifted  up  from  the  ocean  by  the  heat  of  the  sun's  rays  and 
wafted  over  the  continents  by  every  breeze,  to  be  again  returned  to  the 
bosom  of  the  sea.  So,  it  seems,  after  a  lapse  of  ninety-nine  years,  the 
representatives  of  the  colonial  States  return  again  to  this  great  city  to 
revive  the  associations  of  patriotism  and  historic  memory.  I  beg  leave 
to  return  our  sincere  thanks  to  the  mayor  for  his  kind  and  hearty  wel- 
come. Virginia  had  much  to  do  with  framing  this  great  nation.  One 
of  her  sons  penned  the  Declaration  of  Independence ;  another — the 
trumpet-tongued  orator — shook  the  throne  of  haughty  England  by  the 
cry,  '  Give  me  liberty  or  give  me  death  !'  another  composed  the  plan 
which  became  the  basis  of  the  Constitution.  Virginia,  it  is  true,  had 
some  objections  to  the  Constitution  as  originally  framed,  based  upon  the 
rights  of  each  State  to  maintain  her  own  supremacy  in  relation  to  the 
governmental  affairs  of  the  nation.  I  thank  God  that  the  question  of 
State  sovereignty  has  been  settled,  and  is  now  behind  us  instead  of  before 
us.  I  can  say  of  the  Southern  States  that  their  future  efforts  will  all  be 


PATRICK    HENRY 
Nat-1736-  OJo-1799. 


«**>AifB»*£fltuta*j  in  ttu>  possession,  of  #>*. Family. 


HAM.  or  THE  CARPENTERS'  COMPANY 


CONSTITUTIONAL   CENTENNIAL   COMMISSION.  265 

directed  towards  building  up  this  great  country.  We  are  part  and  parcel 
of  a  boundless  nation,  and  we  will  do  our  share  towards  making  the 
country  what  our  forefathers  intended  it  to  be, — the  glory  of  America  and 
a  blessing1  to  the  world." 


THE   MEETING  AT   CARPENTERS'   HALL. 

After  the  governors  had  enrolled  their  names  among  the 
visitors  upon  the  official  registry,  the  meeting  assembled  at  the 
historic  hall  of  the  Carpenters'  Company,  where  they  were  wel- 
comed by  Richard  K.  Betts,  one  of  the  most  venerable  members 
of  the  company,  and  for  many  years  the  head  of  that  distin- 
guished body.  In  the  course  of  his  address  he  said : 

"  I  am  directed  in  behalf  of  the  Carpenters'  Company  to  welcome  you 
to  this  hall.  We  offered  it  for  the  use  of  the  First  Congress,  when  every 
other  door  was  shut  to  them.  This  hall  witnessed  their  deliberations, 
and  in  it  was  delivered  the  first  prayer  in  Congress  in  behalf  of  the  infant 
nation.  This  very  room  sheltered  the  Committee  of  Safety,  which  guided 
the  helm  of  the  republic  through  the  stormy  period  of  the  Revolution. 
In  this  hall  the  Constitution,  that  sacred  charter  of  our  rights,  was  agreed 
to.  Historians  have  made  a  mistake  in  regard  to  the  building  where  the 
Constitution  was  adopted.  It  was  agreed  to  and  adopted  in  this  room, 
and  it  was  only  ratified  by  the  Assembly  of  Pennsylvania  in  Independence 
Hall.  This  we  hold  to  be  the  nation's  birthplace,  although  we  wish  to 
take  no  honor  from  Independence  Hall,  for  it  was  there  that  the  inden- 
tures of  the  nation  were  cancelled." 

Hampton  L.  Carson,  of  Philadelphia,  then  delivered  the  follow- 
ing address : 

"  GOVERNORS  AND  REPRESENTATIVES  OF  THE  COLONIAL  STATES  : 

"The  agreeable  duty  has  been  assigned  to  me  of  bidding  you  wel- 
come in  the  name  of  the  citizens  of  Philadelphia.     You  have  been  sum- 
moned to  participate  in  the  preparations  now  being  made  for  the  proper 
celebration  of  the  centennial  anniversary  of  the  most  important  event  in 
VOL.  i. — 35 


HISTORY  OF  THE 

our  history  as   a  people,  of  the   sublimest   political   achievement   in   the 
annals  of  mankind. 

"  With  uncovered  heads  and  with  reverent  feet  you  entered,  a  few 
moments  ago,  the  sacred  hall  of  Independence,  and  now,  in  the  spirit  of 
worshippers  before  a  shrine,  you  stand  upon  the  very  spot  where  the 
First  Continental  Congress  protested  against  the  tyranny  of  the  British 
crown.  What  a  contrast  between  that  day  and  this !  Then  a  handful  of 
feeble  but  heroic  men,  hemmed  in  upon  a  narrow  strip  of  land  between 
the  ocean  and  the  wilderness,  without  money  or  friends,  of  divided  strength 
and  distracted  councils,  dared  all  the  terrors  of  destructive  war  in  defence 
of  life,  liberty,  and  the  pursuit  of  happiness.  To-day  their  children's  chil- 
dren, gathered  from  the  broad  expanse  of  a  continent  as  boundless  as  the 
sea,  rich,  happy,  strong,  and  prosperous,  constitute  the  most  powerful  and 
respected  nation  of  the  earth.  Such  are  the  results  of  a  century  of  free- 
dom !  Such  are  the  splendid  trophies  of  local  self-government !  Such 
are  the  rich  fruits  of  our  Federal  Union !  Such  are  the  blessings  of  man's 
conquest  of  himself! 

"  We  have  met  together,  not  for  the  purpose  of  commemorating  the 
casting  of  the  tea  into  Boston  harbor,  nor  of  recalling  that  day  when  the 
'  embattled  farmers  fired  the  shot  heard  round  the  world' ;  not  to  celebrate 
the  declaration  of  our  independence,  nor  yet  to  live  anew  in  that  glad  hour 
of  victory  and  exultation,  when,  after  six  years  of  arduous  struggle,  the 
sword  of  Cornwallis  was  surrendered  to  Washington ;  but  to  prepare  to 
perpetuate  by  appropriate  ceremonies  that  far  grander  and  more  memorable 
day  when  thirteen  sovereign  States,  casting  aside  their  conflicting  interests, 
their  rivalries  and  jealous  fears,  entered  into  a  close  and  lasting  union, 
and  gave  to  the  world  the  Federal  Constitution,  which  the  greatest  living 
statesman  of  England  has  pronounced  to  be  'the  most  wonderful  work 
ever  struck  off  at  a  given  time  by  the  brain  and  purpose  of  man.' 

"  This  is  the  occasion  of  our  meeting,  and  it  seems  proper  to  review 
briefly  some  of  the  events  which  rendered  a  union  of  the  States  both  pos- 
sible and  necessary.  Prior  to  the  Declaration  of  Independence  none  of  the 
colonies  were,  or  pretended  to  be,  sovereign  States  in  the  sense  in  which 
we  now  use  the  term.  They  were  colonies,  chartered,  provincial,  or  pro- 
prietary, dependent  in  a  measure  upon  the  crown,  although  exercising 
many  of  the  powers  of  self-government.  But  when,  bending  beneath  the 


CONSTITUTIONAL   CENTENNIAL    COMMISSION.  267 

weight  of  oppression,  they  threw  off  their  allegiance  and  proclaimed  their 
independence,  they  became,  and  of  right  were,  free  and  independent  States. 
Without  stopping  to  define,  or  to  closely  scrutinize  the  exact  nature  of  their 
powers,  the  Congress  of  1775  assumed  at  once  some  of  the  highest  func- 
tions of  sovereignty.  They  promptly  took  measures  for  national  defence  and 
resistance,  equipped  an  army  and  navy,  raised  money,  emitted  bills  of  credit, 
contracted  debts  upon  national  account,  established  a  national  post-office 
and  prize  courts  for  the  condemnation  of  prizes,  with  appellate  jurisdiction 
to  themselves.  In  1776  they  took  bolder  steps,  and  exercised  powers  which 
were  revolutionary.  The  validity  of  these  acts  was  never  doubted  or  denied 
by  the  people.  In  1777  the  celebrated  'Articles  of  Confederation  and  Per- 
petual Union'  were  introduced,  but  they  were  not  ratified,  so  as  to  become 
obligatory  upon  all  the  States,  until  March,  1781.  Shortly  after  this  time 
the  war  was  practically  at  an  end,  and  then  it  was  perceived  that  the  prin- 
cipal powers  related  to  operations  of  war,  and  were  unsuited  to  times  of 
peace.  Congress  could  send  out  and  receive  ambassadors,  but  they  could 
not  command  the  means  to  pay  their  ministers  at  a  foreign  court.  They 
could  contract  alliances,  but  could  not  raise  money  or  men  to  give  them 
vigor.  They  could  enter  into  treaties,  but  every  State  might  break  them 
with  impunity.  They  could  institute  courts  for  piracies  and  felonies  on  the 
high  seas,  but  they  had  no  means  to  pay  either  judges  or  jurors.  They 
could  contract  debts,  but  could  not  pay  a  dollar.  They  could  pledge  the 
public  faith,  but  could  not  redeem  it.  They  could  not  raise  any  revenue, 
levy  any  tax,  enforce  any  law,  secure  any  right,  or  regulate  any  trade.  In 
short,  they  could  declare  everything,  but  do  nothing.  Congress  was  at  the 
mercy  of  the  States.  They  had  no  resource  except  persuasion.  There 
was  an  utter  want  of  coercive  authority  to  carry  into  effect  a  constitutional 
decree.  That  power  to  enforce  obedience  which  jurists  call  the  sanction 
of  a  law  was  lacking.  The  disobedient  could  not  be  punished.  No  fines 
could  be  imposed,  no  imprisonment  be  inflicted,  no  privileges  be  divested, 
no  forfeitures  be  declared,  no  refractory  officers  be  suspended.  The  only 
way  in  which  money  could  be  raised  was  by  requisitions  upon  the  States, 
and  compliance  depended  upon  the  patriotism  and  good  nature  of  the 
legislatures.  Obedience  was  sometimes  tardy,  resistance  was  sometimes 
defiant.  Without  an  executive,  without  a  judiciary,  without  a  balance- 
wheel  to  control  the  violence  of  passion,  the  government,  if  such  it  could 


268  HISTORY  OF  THE 

be  called,  was  misshapen,  palsied,  and  powerless.  Every  measure,  however 
just,  required  the  assent  of  nine  States,  and,  however  urgent  the  necessity 
for  immediate  action,  involved  the  fatal  delay  of  debate  in  thirteen  separate 
legislatures.  The  result  was  as  might  have  been  expected.  The  union 
'was  but  a  rope  of  sand.'  The  public  debt  amounted  to  forty-two  millions 
of  dollars,  eight  millions  of  which  were  due  to  France  and  Holland,  our 
generous  allies  at  the  darkest  hour  of  the  struggle,  and  there  was  no  power 
anywhere  to  redeem  the  national  honor.  Thousands  of  our  best  citizens, 
whose  patriotism  and  bravery  had  saved  the  country,  held  the  dishonored 
bills  of  the  Continental  Congress.  The  army,  clamoring  for  pay,  mutinous 
and  sullen,  threatened  to  open  the  flood-gates  of  civil  discord,  and  deluge 
the  land  with  blood.  The  navy,  which,  under  Paul  Jones,  had  proudly 
swept  the  seas,  now  cowered  beneath  the  bold  swoop  of  the  corsairs  of 
Algiers.  Trade  languished,  commerce  was  dead.  Rebellion  reared  its 
horrid  crest  in  Massachusetts,  and  the  Congress,  which  had  braved  king, 
lords,  and  commons,  fled  from  Philadelphia  to  Princeton,  when  insulted  by 
a  squad  of  mutineers  commanded  by  sergeants. 

"  At  this  day  it  is  impossible  to  fathom  the  depth  of  that  dark  pit  of 
degradation  into  which  this  nation  had  been  cast  at  the  close  of  the  Revo- 
lution. It  seemed  as  if  all  the  blood,  the  treasure,  the  sacrifices,  and  the 
anguish  of  those  eight  years  of  war  had  been  spent  in  vain.  How  empty 
was  the  boast  that  this  was  the  '  People's  government !'  The  fruits  at 
which  they  grasped  had  turned  like  Dead  Sea  apples  into  ashes  at  the  touch, 
— the  vision  which  had  lured  them  onward  now  mocked  them  in  their 
misery.  Ruin,  despair,  civil  paralysis,  bankruptcy,  disunion,  discord,  dis- 
honor !  The  cynic  might  have  sneered :  '  Far  better  would  it  have  been  to 
have  paid  that  paltry  tea  tax,  and  argued  rather  than  have  thrashed  the 
British  ministry  into  acquiescence  with  our  views  concerning  taxation  and 
representation.'  But  God  stood  '  within  the  shadow,  keeping  watch  above 
his  own,'  and  out  of  chaos  evolved  our  beautiful  political  planetary  system, 
where  each  State,  while  moving  in  an  orbit  of  its  own,  revolves  with  the 
music  of  the  Union  about  the  Federal  Constitution  as  a  central  sun.  Then 
order  came  and  peace  to  troubled  hearts.  Prosperity  smiled  upon  us  and 
benignant  Heaven  showered  down  her  choicest  gifts.  Not  Rome  in  her 
two  thousand  years  of  conquest,  nor  England  in  her  marvellous  career,  had 
ever  witnessed  or  dreamed  of  the  astounding  growth  and  vigor  which  we 


CONSTITUTIONAL   CENTENNIAL   COMMISSION.  269 

have  displayed  in  one  hundred  years  of  constitutional  government.  Not 
after  the  models  of  Achaian  leagues,  nor  of  Italian  republics,  nor  of 
Swiss  cantons,  nor  of  the  Dutch  commonwealth,  nor  even  of  constitutional 
monarchy  did  our  fathers  build ;  but  after  a  style  of  architecture  all  their 
own,  inspired  by  faith  in  the  great  Giver  of  all  good,  and  upheld  by  an 
unfaltering  trust  in  man,  his  powers,  his  capacities,  his  rights,  his  duties,  and 
his  immortal  destiny,  they  laid  the  deep  foundation  and  reared  the  swelling 
dome  of  the  people's  government,  which,  surviving  the  shock  of  foreign 
war  and  civil  strife  and  furious  debate,  has  emerged  from  every  storm 
stronger,  purer,  sanctified. 

"  In  the  presence  of  these  hallowed  memories,  in  this  sacred  hall,  let  us 
invoke  the  shades  of  our  immortal  sires,  and  like  them,  forgetting  and 
forgiving  all  real  or  fancied  wrongs,  and  rising  above  all  sectional  preju- 
dice and  jealousy,  in  a  spirit  of  fraternal  affection  and  regard,  renew  our 
vows  of  fealty  to  the  Constitution,  and  by  a  fitting  celebration  of  that  great 
day  when  it  became  the  organic  law  of  our  beloved  republic,  proclaim  to 
our  children  that  for  them  as  for  us  that  Constitution  is  the  Ark  of  the 
Covenant, — the  bond,  the  pledge,  and  the  source  of  union.  Thus,  standing 
in  this  temple  of  liberty,  with  our  hands  upon  the  horns  of  the  altar  and 
our  hearts  quickened  with  celestial  fire,  we  can  go  forth  without  fear  to  meet 
the  responsibilities  of  the  century  to  come." 

After  the  delivery  of  Mr.  Carson's  address,  the  convention 
organized,  and,  upon  motion,  Governor  Fitzhugh  Lee,  of  Virginia, 
was  elected  as  chairman,  and  Hampton  L.  Carson,  of  Philadelphia, 
was  chosen  as  secretary. 

A  committee,  consisting  of  all  the  governors  present,  was 
appointed  to  draft  and  submit  resolutions,  which  were  subse- 
quently adopted  as  follows: 

"  WHEREAS,  The  adoption  of  the  Constitution  of  the  United  States  of 
America  is  the  most  important  event  in  the  history  of  the  American  people, 
and  that  instrument  is  the  sublimest  political  achievement  of  mankind ; 

"  AND  WHEREAS,  The  Centennial  Anniversary  of  this  memorable  epoch 
is  now  close  at  hand ; 


270 


HISTORY  OF  THE 


"  AND  WHEREAS,  The  Legislature  of  New  Jersey  has,  by  resolutions 
passed  the  second  day  of  June,  A.D.  1886,  invited  the  governors  and  repre- 
sentatives of  the  thirteen  original  States  to  assemble  in  Philadelphia  and 
consider  the  propriety  of  preparing  for  a  national  celebration ; 

"  AND  WHEREAS,  The  governors  and  representatives  of  said  States  have 
met  in  Philadelphia  upon  the  seventeenth  day  of  September,  A.D.  1886; 

"  Therefore,  be  it  resolved,  By  the  governors  and  representatives  of  the 
colonial  States,  in  meeting  assembled,  that  the  Federal  government,  and 
each  State  and  Territory  of  the  Union,  be  invited  to  unite  in  preparations 
for  a  proper  celebration,  to  be  held  at  Philadelphia,  upon  the  seventeenth 
day  of  September,  A.D.  1887  ;  that  the  President  be  invited  to  formally  com- 
municate to  Congress,  at  their  next  meeting,  the  fact  that  his  administration 
closes  the  first  century  of  constitutional  government,  and  to  urge  upon  that 
body  the  propriety  of  taking  measures  to  render  the  celebration  worthy  of 
an  occasion  of  such  dignity  and  importance ;  that  the  executive  of  every 
State  and  Territory  in  the  Union  be  formally  communicated  with,  and 
urged  to  press  upon  the  attention  of  their  people  the  fitness  of  their  hearty 
co-operation ;  that  this  body  communicate,  through  its  chairman  and  secre- 
tary, with  the  President  of  the  United  States  and  with  the  governors  of  the 
States  and  Territories,  and  request  them  to  appoint  a  delegate  to  meet  in 
Philadelphia  on  Thursday,  the  second  day  of  December,  A.D.  1886;  said 
delegates  to  organize  as  a  permanent  organization,  with  power  to  devise 
such  plans  and  measures  as  will,  in  their  judgment,  secure  a  celebration 
worthy  of  so  great  an  event. 

"  Resolved,  That  the  city  of  Philadelphia  be  requested  to  appoint  a  com- 
mittee of  citizens  to  co-operate  with  said  permanent  organization." 

The  Convention  then  adjourned. 

In  the  evening  there  was  a  grand  banquet  given  by  the  Hiber- 
nian Society.  The  inscription  upon  the  menu  was  as  follows : 

"First  dinner  of  the  Society,  September  17,  1771,  at  Burns's 
tavern,  Philadelphia. 

"After  one  hundred  and  fifteen  years  the  Society  has  the  honor 
of  entertaining  the  governors  of  the  thirteen  original  States  at 
Dooner's  Hotel,  Philadelphia." 

Speeches  were  made  by  John  Field,  president  of  the  society, 


CONSTITUTIONAL   CENTENNIAL   COMMISSION.  271 

Governor  Stockley  and  Hon.  Benjamin  T.  Biggs,  of  Delaware, 
Governor  Lee,  of  Virginia,  Senator  Thomas  V.  Cooper,  of  Penn- 
sylvania, and  Governor  McDaniel,  of  Georgia. 

The  next  day  the  Citizens  Committee  issued  invitations  to  an 
old  time  1776  barbecue,  given  in  honor  of  the  governors  of  the 
original  thirteen  States, — assembled  to  inaugurate  the  celebration, 
— at  Belmont  Mansion,  Fairmount  Park.  The  dinner  was  presided 
over  by  Thomas  Cochran,  Esq.  Speeches  were  made  by  Thomas 
Cochran,  Esq.,  of  Philadelphia,  Hon.  James  Buchanan,  of  New 
Jersey,  Governor  Lee,  of  Virginia,  Colonel  A.  Loudon  Snowden, 
of  Philadelphia,  Governor  McDaniel,  of  Georgia,  and  Colonel 
Hoyt,  of  South  Carolina. 

PRELIMINARY  CORRESPONDENCE. 

In  pursuance  of  the  resolutions  adopted  by  the  convention 
of  governors,  letters  were  addressed  by  the  Hon.  Fitzhugh  Lee, 
as  chairman,  to  the  governors  of  all  the  States  and  Territories, 
inviting  them  to  appoint  commissioners  to  be  present  at  a  con- 
vention to  be  held  at  Philadelphia  on  the  second  day  of  Decem- 
ber, 1886.  These  letters  were  accompanied  by  copies  of  the 
resolutions  adopted  at  the  meeting  of  September  17,  and  also  by 
letters  from  the  Hon.  John  Bardsley,  chairman  of  the  Joint  Com- 
mittee of  the  Select  and  Common  Councils  of  the  city  of  Phila- 
delphia, and  from  Thomas  Cochran,  Esq.,  chairman  of  the  Citizens 
Committee,  pledging  their  co-operation  and  support. 

In  response  to  this  request,  commissioners  were  appointed  by 
the  governors  of  Massachusetts,  Connecticut,  Rhode  Island,  New 
Hampshire,  New  York,  New  Jersey,  Pennsylvania,  Delaware, 
Maryland,  Virginia,  West  Virginia,  Tennessee,  North  Carolina, 
South  Carolina,  Mississippi,  Florida,  Ohio,  Illinois,  Iowa,  Indiana, 
Michigan,  Missouri,  Oregon,  Idaho,  Wyoming,  Dakota,  and  Mon- 
tana. 


272 


HISTORY  OF  THE 


ORGANIZATION  AND    PROCEEDINGS   OF   THE  COMMISSION. 

On  December  2,  1886,  the  commissioners  met  in  Parlor  C,  of 
the  Continental  Hotel,  and  were  received  by  a  large  body  of 
citizens.  Addresses  of  welcome  were  delivered  by  Thomas  Coch- 
ran,  Esq.,  chairman  of  the  Citizens  Committee,  and  by  the  Hon. 
John  Bardsley,  chairman  of  the  Joint  Committee  of  the  Councils  of 
Philadelphia.  The  Convention  organized  by  the  election  of  the 
Hon.  John  A.  Kasson,  of  Iowa,  as  president,  and  of  Hampton  L. 
Carson,  of  Philadelphia,  as  secretary,  both  on  the  nomination  of 
Colonel  Hoyt,  of  South  Carolina. 

The  following  commissioners  were  present :  JOHN  A.  KASSON, 
of  Iowa ;  JAMES  V.  CAMPBELL,  of  Michigan ;  HENRY  C.  ROBINSON, 
of  Connecticut ;  BENJAMIN  A.  KIMBALL,  of  New  Hampshire ; 
ROWLAND  HAZARD,  of  Rhode  Island  ;  HENRY  FAILING,  of  Oregon  ; 
JOHN  H.  RODNEY,  of  Delaware;  MARCELLUS  GREEN,  of  Missis- 
sippi ;  HENRY  CABOT  LODGE,  of  Massachusetts  ;  THOMAS  T.  GANTT, 
of  Missouri ;  CLINTON  P.  PAINE,  of  Maryland ;  CHARLES  H.  REEVE, 
of  Indiana ;  JAMES  D.  RICHARDSON,  of  Tennessee ;  WILLIAM  H. 
HOLLIDAY,  of  Wyoming  ;  JAMES  A.  HOYT,  of  South  Carolina  ;  AMOS 
R.  LITTLE,  of  Pennsylvania ;  WILLIAM  WIRT  HENRY,  of  Virginia  ; 
EDWARD  W.  KNIGHT,  of  Montana ;  CHARLES  G.  GARRISON,  of  New 
Jersey;  J.  J.  FINLEY,  of  Florida;  and  EDWARD  F.  JONES,  of  New 
York. 

On  the  second  day  L.  W.  Barringer,  Esq.,  appeared  as  com- 
missioner from  North  Carolina,  and  Hon.  N.  G,  Ordway,  as  com- 
missioner from  Dakota. 

A  letter  was  read  from  the  Hon.  Alfred  T.  Goshorn,  of  Ohio, 
regretting  his  inability  to  be  present,  but  accepting  the  position  of 
commissioner  in  behalf  of  his  State.  Hon.  D.  B.  Lucas,  of  West 
Virginia,  Hon.  John  M.  Palmer,  of  Illinois,  and  Hon.  John  Hailey, 
of  Idaho,  although  appointed  as  commissioners,  were  unable  to  be 
present. 


CONSTITUTIONAL   CENTENNIAL   COMMISSION.  273 

A  committee  was  appointed,  of  which  the  president  of  the 
convention  was  ex  officio  a  member,  consisting  of  Henry  Cabot 
Lodge,  chairman  ;  William  Wirt  Henry,  James  A.  Hoyt,  Edward 
W.  Knight,  John  A.  Kasson,  Amos  R.  Little,  and  Edward  F. 
Jones,  to  confer  with  a  committee  of  citizens  of  Philadelphia  for 
the  purpose  of  preparing  and  submitting  a  plan  of  procedure  to 
be  observed  as  appropriate  to  the  proposed  national  celebration. 

The  committee  of  citizens  of  Philadelphia  consisted  of  Edward 
Shippen,  Esq.,  chairman ;  John  Lucas,  Edward  T.  Steel,  Thomas 
J.  Smith,  Frank  M.  Etting,  David  G.  Yates,  and  T.  Morris  Perot. 

The  joint  committee,  through  Mr.  Lodge,  as  chairman,  pre- 
sented a  report,  which,  after  discussion,  was  adopted  in  the  fol- 
lowing form : 

The  committee  to  whom  was  referred  the  duty  of  conferring  with  the 
committee  of  citizens  of  Philadelphia,  and  with  the  Councils  of  the  city  of 
Philadelphia,  in  regard  to  the  proposed  celebration  at  Philadelphia,  on  the 
seventeenth  day  of  September,  1887,  of  the  Centennial  Anniversary  of  the 
signing  of  the  Constitution  of  the  United  States,  have  the  honor  to  report : 

"  FIRST.  That  there  be  an  oration  and  poem  in  commemoration  of  the 
signing  of  the  Constitution. 

"  SECOND.  That  there  be  a  military  display,  in  which  the  United  States 
shall  be  invited  to  be  represented  by  each  branch  of  its  military  and  naval 
service ;  that  the  several  States  and  Territories  and  the  District  of  Columbia 
shall  be  invited  to  be  represented  by  their  militia  and  volunteer  service; 
that  the  President  of  the  United  States  be  requested  to  designate  officers  to 
command  the  same. 

"  THIRD.  That  there  be  an  industrial  processional  display. 

"  FOURTH.  That  invitations  to  participate  in  the  celebration  be  extended 
to  the  President  of  the  United  States  and  his  cabinet,  the  Federal  judiciary, 
Congress,  and  the  representatives  of  all  departments  of  the  national  govern- 
ment; to  the  governors  of  each  State  and  Territory,  to  the  judiciaries  and 
legislatures  of  the  same,  and  the  representatives  of  the  several  departments 
thereof;  to  the  commissioners  of  the  District  of  Columbia,  and  to  the 
various  civic  organizations  and  associations  of  the  Union ;  and  that  the 
VOL  i. — 36 


274 


HISTORY  OF  THE 


resident   representatives  of  foreign  governments  having  friendly  t  relations 
with  the  United  States  be  invited  to  participate. 

"  FIFTH.  The  creation  of  a  suitable  memorial  in  the  city  of  Philadelphia 
commemorative  of  the  signing  and  adoption  of  the  Constitution  and  of  the 
progress  of  the  nation  since  that  period." 

It  was  also 

"Resolved,  That  the  commissioners  should  be  requested  to  report  at 
once  to  the  governors  of  the  States  and  Territories  which  they  represent 
the  action  of  this  convention,  and  ask  the  prompt  and  earnest  co-operation 
of  the  States  and  Territories  in  carrying  out  the  programme  adopted  by  the 
convention ;  and  that  the  secretary  be  directed  to  make  a  similar  report  to 
the  proper  authorities  of  the  United  States  and  of  the  States  and  Territories 
which  have  not  been  represented  in  this  Commission,  and  that  the  latter  be 
again  requested  to  appoint  representatives  in  this  Commission  as  early  as 
possible." 

On  the  motion  of  Mr.  Reeve,  of  Indiana,  it  was 

"Resolved,  That  a  committee,  consisting  of  thirteen  members,  shall  be 
appointed,  which  shall  be  a  Sub-Commission,  and  have  the  powers  of  the 
general  Commission,  and  be  authorized  to  arrange  and  provide  for  all 
details  to  carry  out  the  programme  adopted,  and  shall  have  general  charge, 
with  power  to  appoint  other  committees  and  all  managers  and  necessary 
officers  to  co-operate  with  other  committees  or  persons  who  may  be  ap- 
pointed to  aid  in  the  design ;  with  power  to  confer  all  authority  on  all  per- 
sons by  them  selected,  and  to  carry  into  operation  the  details  that  may 
from  time  to  time  be  decided  on,  subject  at  all  times  to  the  control  of  this 
body." 

The  president,  in  pursuance  of  the  above  resolution,  appointed 
the  following  Sub-Commission  : 

Amos  R.  Little,  of  Pennsylvania,  chairman ;  William  Wirt 
Henry,  of  Virginia;  Henry  Cabot  Lodge,  of  Massachusetts; 
James  A.  Hoyt,  of  South  Carolina  ;  Charles  H  Reeve,  of  Indiana ; 
E.  F.  Jones,  of  New  York  ;  Clinton  P.  Paine,  of  Maryland ;  Alfred 


CONSTITUTIONAL    CENTENNIAL    COMMISSION.  275 

T.  Goshorn,  of  Ohio ;  Thomas  T.  Gantt,  of  Missouri ;  Marcellus 
Green,  of  Mississippi;  Henry  C.  Robinson,  of  Connecticut;  and 
N.  G.  Ordway,  of  Dakota. 

Judge  Campbell,  of  Michigan,  expressing  his  inability  to  serve, 
Charles  G.  Garrison,  of  New  Jersey,  was  appointed  in  his  place. 

On  the  motion  of  Mr.  Little,  it  was  agreed  that  the  president 
and  secretary  be  made  ex-officio  members  of  the  Sub-Commission. 

On  the  motion  of  Mr.  Reeve,  from  Indiana,  the  following  reso- 
lution was  adopted  as  amended  by  Mr.  Richardson,  from  Ten- 
nessee : 

"  Resolved,  That  the  thirteen  commissioners  appointed  to  take  charge  of 
the  details  of  the  celebration  be  authorized  to  fill  any  vacancies  occurring 
in  their  own  body,  unless  action  be  taken  by  this  organization,  with  power  to 
add  to  their  number  representatives  from  States  not  at  present  represented 
in  the  Commission. 

"  Resolved,  That  the  Sub-Commission  be  authorized  and  directed  to  me- 
morialize Congress,  and  ask  their  aid  and  co-operation  in  accomplishing  the 
purposes  of  this  great  memorial  celebration  on  the  part  of  the  people  of  the 
Union." 

Colonel  Hoyt,  of  South  Carolina,  offered  the  following  reso- 
lution, which,  after  debate  as  to  the  number  of  copies  to  be  printed, 
was  adopted : 

"  Resolved,  That  the  secretary  be  instructed  to  print  at  least  five  thousand 
copies  of  the  proceedings  of  this  Commission,  and  to  include  the  proceed- 
ings of  the  meeting  of  the  governors  of  the  original  thirteen  States,  held  in 
this  city,  on  the  seventeenth  of  September  last,  together  with  the  opening 
address  of  Mr.  Hampton  L.  Carson,  on  that  occasion." 

On  the  motion  of  Mr.  Hazard,  of  Rhode  Island,  the  Commis- 
sion adopted  the  name  of  "  The  Constitutional  Centennial  Com- 
mission." 

On  the  motion  of  Mr.  Henry,  of  Virginia,  the  Hon.  John  A. 
Kasson,  of  Iowa,  was  elected  president  of  the  Commission,  and 


276  HISTORY  OF  THE 

the  Hon.  Henry  Cabot   Lodge,  of   Massachusetts,  and  Colonel 
James  A.  Hoyt,  of  South  Carolina,  were  elected  vice-presidents. 

Mr.  Lodge,  as  chairman  of  the  committee  appointed  to  pre- 
pare an  address  to  the  people  of  the  United  States,  made  the 
following  report,  written  by  Colonel  Gantt,  of  Missouri,  which  was 
adopted : 

"  The  convention  of  delegates,  appointed  by  the  several  States  and  Terri- 
tories to  take  steps  towards  the  celebration  of  the  signature  of  the  Constitu- 
tion, feel  it  their  first  duty  to  call  the  attention  of  the  country  and  of  both 
press  and  public  to  the  approach  of  this  great  anniversary. 

"  It  becomes  us  also,  to  recall  the  characteristics  of  the  change  in  the 
government  of  States  effected  by  the  tranquil  adoption  of  a  system  of 
checks  to  the  heated  impulses  which  political  strife  has  always  aroused. 
The  barrier  to  hasty  legislation  effected  by  an  organic  law,  unchangeable 
except  by  processes  involving  delay,  and  so  securing  an  interval  in  which 
reflection  might  resume  its  sway  over  passion,  was  to  all  practical  purposes 
a  novelty  a  century  ago. 

"  The  success  of  the  great  experiment  depended  eventually  upon  the 
reverence  with  which  men  might  be  brought  to  regard  the  fundamental  and 
supreme  law,  and  upon  the  determination  to  consider  it,  in  the  nature  of 
things,  inviolable,  except  by  the  surrender  of  every  respectable  attribute  of 
an  upright  people. 

"  Upon  the  existence  of  this  reverence  the  statesmen  of  1 787  relied,  and 
to  its  existence  and  preservation  their  descendants  owe  whatever  is  valuable 
in  the  institutions  they  inherit.  To  strengthen  and  quicken  the  sense  of 
the  sacredness  of  this  principle  and  the  paramount  duty  of  observing  it,  and 
to  admonish  our  countrymen  that  only  by  intelligent  perception  of  its 
transcendent  importance  can  be  assured  a  continuance  of  the  blessings 
which  make  us  the  admiration  of  the  world,  seems  a  prominent  duty  of 
this  Commission. 

"  The  successful  formation  of  the  Constitution  was  the  most  momentous 
event  in  the  history  of  the  American  people,  and  marks  an  epoch  in  the 
history  of  the  civilized  world.  Under  the  Constitution  this  great  nation  has 
grown  up  and  prospered,  and  on  the  continued  success  of  our  system  of 
constitutional  government  depends,  in  large  measure,  the  future  welfare  and 


CONSTITUTIONAL   CENTENNIAL   COMMISSION,  277 

happiness  not  only  of  our  own  people  but  of  mankind.  We  believe  that 
the  people  appreciate,  in  a  solemn  and  grateful  spirit,  the  character  of  this 
celebration,  and  that  they  will  give  it  that  hearty  support  throughout  the 
length  and  breadth  of  the  land  which  will  make  it,  in  all  ways,  worthy  of 
the  occasion  and  the  event." 

The  Commission  then  adjourned  to  meet  upon  the  call  of  the 
president,  or  of  the  Executive  Committee  to  be  appointed  by 
the  Sub-Commission. 

On  the  evening  of  December  2,  1886,  it  being  the  sixty-second 
anniversary  of  the  Historical  Society  of  Pennsylvania,  a  dinner 
was  given  to  the  commissioners  in  the  hall  of  the  society. 
Surrounded  by  historic  portraits  and  thousands  of  volumes,  in 
the  midst  of  visible  reminders  of  the  heroic  past,  the  com- 
missioners discussed  the  coming  celebration,  and,  kindling  with 
enthusiasm  born  of  the  time  and  place,  spoke  eloquent  and 
patriotic  words  in  response  to  the  sentiments  that  were  offered. 
The  dinner  was  presided  over  by  the  Hon.  Wayne  MacVeagh, 
ex- Attorney-General  of  the  United  States.  Mr.  Henry — the 
grandson  of  Patrick  Henry — responded  to  the  memory  of  "George 
Washington,  the  President  of  the  Convention  which  framed  the 
Constitution  of  the  United  States."  Captain  Granville,  of  Eng- 
land, a  descendant  in  the  sixth  generation  of  William  Penn, 
responded  to  the  toast  to  the  memory  of  his  ancestor,  "The 
Illustrious  Founder  of  the  Commonwealth  of  Pennsylvania." 
Mr.  Kasson,  the  president  of  The  Constitutional  Centennial  Com- 
mission, responded  to  "  Centennial  Anniversaries  and  National 
Celebrations, — their  Uses  and  Influence."  Hon.  H.  Cabot  Lodge, 
of  Massachusetts,  and  Hon.  Henry  C.  Robinson,  of  Connecticut, 
responded  in  behalf  of  "  The  Eastern  States."  Colonel  James  A. 
Hoyt,  of  South  Carolina,  replied  for  "The  Southern  States." 
Hon.  James  V.  Campbell,  the  chief  justice  of  Michigan,  spoke 
for  "The  Northwest."  Hon.  Thomas  T.  Gantt,  of  Missouri,  re- 
plied for  "  The  Valley  of  the  Mississippi."  Lieutenant-Governor 


278  HISTORY  OF  THE 

Jones,  of  New  York,  responded  to  "The  Middle  States."  Hon. 
N.  G.  Ordway  spoke  for  "The  Territories,"  while  Mr.  Talcott 
Williams,  of  Philadelphia,  responded  to  "The  City  of  the  Con- 
stitutional Convention,  of  the  Declaration  of  Independence,  the 
City  Founded  by  William  Penn."  Henry  M.  Stanley,  the  cele- 
brated African  explorer,  and  Wilson  Barrett,  the  actor,  were  also 
called  upon. 

The  next  day  the  commissioners,  after  visiting  the  public 
institutions  of  Philadelphia,  were  tendered  a  banquet  at  the 
Union  League,  and  in  the  evening  attended  a  Patti  concert. 

WORK    OF    THE    SUB-COMMISSION. 

Immediately  after  the  adjournment  of  the  Commission,  the 
Sub-Commission  organized  as  follows :  Amos  R.  Little,  of  Pennsyl- 
vania, chairman;  William  Wirt  Henry,  of  Virginia;  Henry  Cabot 
Lodge,  of  Massachusetts  ;  James  A.  Hoyt,  of  South  Carolina  ; 
Charles  H.  Reeve,  of  Indiana ;  E.  P.  Jones,  of  New  York  ;  Clinton 
P.  Paine,  of  Maryland ;  Alfred  T.  Goshorn,  of  Ohio ;  Thomas  T. 
Gantt,  of  Missouri ;  Marcellus  Green,  of  Mississippi ;  Henry  C. 
Robinson,  of  Connecticut ;  N.  G.  Ordway,  of  Dakota ;  Charles  G. 
Garrison,  of  New  Jersey ;  John  A.  Kasson,  of  Iowa ;  Hampton 
L.  Carson,  of  Pennsylvania ;  the  two  latter  being  ex-officio 
members. 

An  executive  committee  was  appointed,  of  which  Amos  R. 
Little  was  chosen  chairman,  Clinton  P.  Paine  vice-chairman, 
and  Hampton  L.  Carson  secretary ;  F.  C.  Brewster,  Jr.,  Esq., 
was  chosen  corresponding  secretary. 

Headquarters  were  rented,  and  the  office  equipped  by  the 
employment  of  the  necessary  clerical  and  stenographic  assistance. 

EFFORTS  TO  SECURE  CONGRESSIONAL  ACTION. 

In  January,  1887,  the  representatives  of  the  committee  visited 
Washington,  and  secured  a  personal  interview  with  the  Presi- 


HAMPTON    (,.  CARSON,  ESQ., 
Secretary  of  the  Commission. 

THOMAS   COCHRAN,  KSQ., 
Chairman  or  Citizens'  Committee. 


HON.  JOHN   A.  KASSON, 
President  of  the  Commission. 


AMOS   R.  LITTLE,  ESQ., 
Chairman  of  the  Executive  Committe 


JOEL  J.  BAILY,  KSQ., 
Chairman  of  Finance  Committee. 


CONSTITUTIONAL   CENTENNIAL   COMMISSION.  279 

dent  of  the  United  States,  and  presented  him  with  the  following 
address : 


"To  THE  PRESIDENT  OF  THE  UNITED  STATES:    • 

"  The  undersigned  represent  the  Executive  Committee  of  the  Sub-Con- 
stitutional Centennial  Commission,  charged  with  the  duty  of  carrying  out 
the  details  of  the  national  celebration,  determined  on  at  Philadelphia  on 
the  second  day  of  December,  A.D.  1886,  by  the  commissioners  of  the 
States  and  Territories,  to  commemorate  the  one  hundredth  anniversary  of 
the  framing  and  promulgation  of  the  Constitution  of  the  United  States  of 
America. 

"We  have  the  honor  to  address  you,  in  compliance  with  the  terms 
of  a  resolution  adopted  at  Philadelphia,  in  relation  to  this  important 
matter,  and  respectfully  request  that  you  will  make  it  the  subject-matter 
of  a  communication  to  Congress  calling  attention  to  the  fact  that  your 
administration  closes  the  first  century  of  government  under  the  Federal 
Constitution;  that  it  is  proposed  to  celebrate  by  appropriate  ceremonies 
the  centennial  anniversary  of  the  seventeenth  day  of  September,  A.D. 
1787,  upon  which  the  great  work  of  the  Federal  Convention  was  com- 
pleted and  recommended  to  the  several  States  for  adoption  as  the  only 
means  of  preserving  to  future  generations  the  fruits  of  the  long  struggle 
against  the  British  crown,  and  of  escaping  from  the  dangers  of  anarchy 
and  civil  confusion. 

"  No  national  memorial  celebration  can  be  of  deeper  significance  than 
this.  It  is  one  in  which  not  only  this  nation  but  the  world  at  large  is  pro- 
foundly interested.  The  successful  establishment  of  a  new  and  untried 
system,  its  unparalleled  growth  and  expansion,  the  beneficence  of  its  results, 
and  its  value  as  a  demonstration  of  the  power  and  ability  of  the  people  to 
govern  themselves,  mark  this  epoch  as  one  of  the  most  memorable  in 
human  history.  The  celebration  is  one  in  which  the  nation  and  the  States 
should  co-operate.  We  now  appeal  to  you  as  the  executive  head  of  the 
nation  to  emphasize  by  your  approval  the  dignity  and  importance  of  the 
occasion. 

"  The  programme  adopted  embodies  the  delivery  of  an  oration  and  a 
poem  in  commemoration  of  the  signing  of  the  Constitution;  a  military 
display,  in  which  the  United  States  shall  be  invited  to  be  represented  by 


28o  HISTORY  OF  THE 

each  branch  of  its  military  and  naval  service ;  that  the  several  States  and 
Territories  and  the  District  of  Columbia  shall  be  invited  to  be  represented 
by  their  militia  and  volunteer  service ;  that  the  President  of  the  United 
States  be  requested  to  designate  officers  to  command  the  same ;  that  there 
shall  be  an  industrial  processional  display;  that  invitations  to  participate 
in  the  celebration  shall  be  extended  to  the  President  of  the  United  States 
and  his  cabinet,  to  the  Federal  judiciary,  to  Congress,  and  the  representa- 
tives of  all  departments  of  the'  Federal  government ;  to  the  governors  of 
each  State  and  Territory,  to  the  judiciaries  and  legislatures  of  the  same,  and 
the  representatives  of  the  several  departments  thereof;  to  the  commissioners 
of  the  District  of  Columbia,  and  to  the  various  civic  organizations  and 
associations  of  the  Union,  and  that  the  resident  representatives  of  the  foreign 
governments  having  friendly  relations  with  the  United  States  be  invited  to 
participate.  It  was  also  resolved  that  there  should  be  created  in  the  city  of 
Philadelphia — the  city  of  the  Constitution — a  suitable  memorial  commemo- 
rative of  the  signing  and  adoption  of  the  Constitution  and  of  the  progress 
of  the  nation  since  that  period. 

"  Your  memorialists  therefore  respectfully  urge  upon  you  the  fitness  of 
your  hearty  co-operation,  and,  as  the  celebration  will  take  place  before 
another  Congress  can  convene,  request  that  you  make  the  matter  the  sub- 
ject of  a  special  message,  and  thus  insure  the  prominence  of  the  national 
feature  of  this  great  celebration,  in  which  the  Nation,  the  States,  and  the 
Territories  should  fitly  join. 

"  Very  respectfully, 

"AMOS   R.   LITTLE,  Chairman, 

"CLINTON   P.  PAINE,  Vice-Chairman, 

"N.   G.   ORDWAY, 

"C.   J.   HARRAH, 

"HAMPTON   L.   CARSON,  Secretary, 

"  Executive  Committee  of  the  Sub- Constitutional  Centennial  Commission." 

On  the  eighteenth  day  of  January,  1887,  the  President  sent 
the  following  message  to  Congress : 

"  To  THE  SENATE  AND  HOUSE  OF  REPRESENTATIVES  : 

''As  a  matter  of  national  interest,  and  one  solely  within  the  discretion 
and  control  of  Congress,  I  transmit  the  accompanying  memorial  of  the  Exec- 


CONSTITUTIONAL   CENTENNIAL   COMMISSION.  281 

utive  Committee  of  the  Sub-Constitutional  Centennial  Commission  proposing 
to  celebrate  on  the  I  /th  of  September,  in  the  city  of  Philadelphia,  as  the  day 
upon  which  and  the  place  where  the  Convention  that  framed  the  Federal 
Constitution  concluded  their  labors  and  submitted  the  result  for  ratification 
to  the  thirteen  States  then  composing  the  United  States.  The  epoch  was  one 
of  the  deepest  interest  and  the  events  well  worthy  of  the  commemoration. 
I  am  aware  that,  as  each  State  acted  independently  in  giving  its  adhesion  to 
the  new  Constitution,  the  dates  and  anniversaries  of  their  several  ratifications 
are  not  coincident.  Some  action  looking  to  a  national  expression  in  rela- 
tion to  the  celebration  of  the  close  of  the  first  century  of  popular  government 
under  a  written  constitution  has  already  been  suggested,  and,  whilst  stating 
tW  great  interest  I  share  in  the  renewed  examination  by  the  American 
people  of  the  historical  foundation  of  their  government,  I  do  not  feel  war- 
ranted in  discriminating  in  favor  of  or  against  the  propositions  to  select  one 
d/xy  or  place  in  preference  to  all  others,  and  therefore  content  myself  with 
/Conveying  to  Congress  these  expressions  of  popular  feeling  and  interest 
;>  upon  the  subject,  hoping  that,  in  a  spirit  of  patriotic  co-operation  rather 
than  of  local  competition,  fitting  measures  may  be  enacted  by  Congress 
which  will  give  the  amplest  opportunity  all  over  these  United  States  for  the 
manifestation  of  the  affection  and  confidence  of  a  free  and  mighty  natipn 
in  the  institutions  of  a  government  of  which  they  are  the  fortunate  inheri- 
tors, and  under  which  unexampled  prosperity  has  been  enjoyed  by  all  classes 
and  conditions  in  our  social  system. 

"GROVER   CLEVELAND. 
"  EXECUTIVE  MANSION,  WASHINGTON,  January  18,  1887." 

About  the  same  time  the  following  memorial  was  presented ; 

"  To  THE  SENATE  AND  HOUSE  OF  REPRESENTATIVES  OF  THE  UNITED  STATES 

OF  AMERICA: 

"Your  memorialists  have  the  honor  to  represent  the  Constitutional 
Centennial  Commission,  which  was  organized  at  Philadelphia  on  the  2d  of 
December,  1886,  by  the  commissioners  appointed  by  the  governors  of  the 
States  and  Territories  for  the  purpose  of  providing  for  the  proper  celebra- 
tion by  the  nation  of  the  centennial  anniversary  of  the  framing  and  promul- 
gation of  the  Federal  Constitution. 

"  No  national  memorial  celebration  can  be  of  deeper  significance  than 
VOL.  i.— 37 


282  HISTORY  OF  THE 

that  which  relates  to  the  completion  of  the  structure  of  our  government  by 
its  architects  and  builders,  and  its  solemn  dedication  to  the  service  of  the 
people  and  mankind.  That  hour  marked  the  most  momentous  epoch  in 
our  history.  The  labors  of  that  day  preserved  for  all  time  the  precious 
fruits  of  freedom  and  self-government.  Unique  in  origin ;  without  a  proto- 
type in  design ;  of  enduring  strength,  and  of  phenomenal  success,  in  the 
history  of  political  philosophy  the  Constitution  stands  alone.  Tested  by 
danger  and  adversity,  as  well  as  by  peace  and  prosperity,  endeared  to  us  by 
tradition  and  hallowed  by  experience,  it  has  become  the  object  of  our  rev- 
erential and  affectionate  regard.  To  it  no  American  mind  can  be  too 
attentive,  and  no  American  heart  too  devoted ;  and  it  is  believed  that  the 
people  will  gather,  as  around  a  shrine,  to  commemorate  by  appropriate 
exercises  the  great  work  which  was  accomplished  in  Philadelphia  by  the 
statesmen  of  the  Revolution,  and  to  return  in  a  devout  and  heartfelt  manner 
their  thanks  to  divine  Providence  for  the  blessings  which  they  have  enjoyed 
during  a  century  of  Federal  constitutional  government. 

"  Animated  by  these  feelings,  and  conscious  of  the  sublime  meaning  of 
the  approaching  event,  the  commissioners  have  framed  and  outlined  a  pro- 
gramme of  exercises  which  in  their  judgment  would  be  appropriate.  They 
have  provided  for  the  delivery  of  an  oration  and  a  poem  in  commemoration 
of  the  signing  of  the  Constitution.  They  have  determined  that  there  shall 
be  a  military  display,  in  which  the  United  States  shall  be  invited  to  be  repre- 
sented by  each  branch  of  its  military  and  naval  service ;  that  the  several 
States  and  Territories  and  the  District  of  Columbia  shall  be  invited  to  be 
represented  by  their  militia  and  volunteer  service ;  that  the  President  of  the 
United  States  be  requested  to  designate  officers  to  command  the  same ;  that 
there  shall  also  be  an  industrial  processional  display;  that  invitations  to 
participate  in  the  celebration  shall  be  extended  to  the  President  of  the 

* 

United  States  and  his  cabinet,  to  the  Federal  judiciary,  to  Congress  and 
the  representatives  of  all  departments  of  the  Federal  government ;  to  the 
governor  of  each  State  and  Territory,  to  the  judiciaries  and  legislatures  of 
the  same,  and  the  representatives  of  the  several  departments  thereof;  to  the 
commissioners  of  the  District  of  Columbia,  and  to  the  various  civic  organi- 
zations and  associations  of  the  Union ;  that  the  resident  representatives  of 
the  foreign  governments  having  friendly  relations  with  the  United  States  be 
invited  to  participate.  The  Commission  also  resolved  that  there  should  be 


CONSTITUTIONAL   CENTENNIAL   COMMISSION.  283 

created  in  the  city  of  Philadelphia  a  suitable  memorial,  commemorative  of 
the  signing  and  adoption  of  the  Constitution  and  of  the  progress  of  the 
nation  since  that  period. 

"  Thus  the  commissioners  have  endeavored  to  gather  the  people 
together  in  the  city  of  that  august  Convention  which  framed  the  Con- 
stitution, and  have  invited  them  to  visit  the  hallowed  ground  of  its  birth- 
place, and,  by  reviewing  the  scenes,  recalling  the  deeds,  and  reviving  the 
memories  of  the  great  statesmen  who  framed  it,  to  renew  their  vows  of 
fealty  to  the  Constitution  and  knit  in  closer  bonds  of  union  the  members 
of  our  great  republic. 

"  Your  memorialists  respectfully  urge  upon  the  attention  of  your  hon- 
orable bodies  the  fitness  of  your  hearty  co-operation,  and  ask  you,  by 
timely  and  appropriate  action,  to  authorize  the  Secretary  of  War  and  the 
Secretary  of  the  Navy  to  arrange  for  the  proper  representation  and  par- 
ticipation by  the  military  and  naval  services  of  the  United  States ;  to 
designate  the  troops  and  marines  and  their  officers  which  are  to  take  a 
part ;  and  to  provide  for  the  proper  supplies  and  encampment  of  the  men. 

"And  your  memorialists  further  petition  that  Congress  shall,  by  ap- 
propriate resolutions,  recognize  the  importance  and  the  dignity  of  the 
coming  celebration  and  pledge  their  hearty  co-operation ;  that  the  nation 
shall  be  represented  by  competent  commissioners,  who  shall  be  clothed 
with  authority  to  unite  with  the  commissioners  of  the  different  States 
and  Territories  in  the  prosecution  of  the  work  of  carrying  out  the  details 
of  the  programme,  and  particularly  the  erection  of  a  suitable  memorial, 
to  which  each  State  and  Territory  shall  contribute,  but  to  which  the 
nation  shall  furnish  the  cap-stone  and  the  crown. 

"And  your  memorialists  further  petition  that  the  President  be  author- 
ized to  designate  a  competent  commission,  to  be  charged  with  the  duty 
of  collecting  and  publishing  all  documents,  whether  drawn  from  the  public 
archives  or  from  private  sources,  which  relate  to  the  history  and  forma- 
tion of  the  Constitution,  including  the  debates  in  the  Federal  Convention 
and  the  conventions  of  the  several  States  which  successively  adopted  and 
ratified  the  Constitution,  so  that  a  monument  of  historical  literature  may 
be  built  up  and  a  fund  of  information  furnished  for  the  instruction  of 
the  philosopher  and  the  student  when  contemplating  the  political  achieve- 
ments of  mankind. 


284  HISTORY  OF  THE 

"And  your  memorialists  further  petition  that  Congress  heartily  co- 
operate in  our  work,  and  insure  the  success  of  a  celebration  national  in 
its  character  and  world-wide  in  its  significance. 

"AMOS    R.    LITTLE,  Chairman, 

"CLINTON   P.   PAINE,   Vice-Chairman, 

"N.   G.   ORDWAY, 

"C.  J.   HARRAH, 

"HAMPTON   L.   CARSON,  Secretary, 

"Executive  Committee  of  the  Sub- Constitutional  Centennial  Commission." 

In  the  early  part  of  January  a  bill  was  introduced  in  the 
Senate  by  Mr.  Cameron,  of  Pennsylvania,  and  in  the  House 
by  Mr.  Randall,  of  Pennsylvania,  with  a  view  to  making  a 
suitable  appropriation.  Subsequently  several  visits  were  made 
to  Washington  for  the  purpose  of  obtaining  favorable  legisla- 
tive action.  A  hearing  was  obtained  by  the  representatives  of 
the  Executive  Committee  before  the  Judiciary  Committee  of  the 
House,  to  which  the  bill  had  been  referred,  addresses  being 
delivered  by  Messrs.  Henry,  of  Virginia  ;  Richardson,  of  Ten- 
nessee ;  Garrison,  of  New  Jersey ;  Barringer,  of  North  Carolina ; 
Paine,  of  Maryland ;  and  Randall,  John  C.  Bullitt,  and  Carson, 
of  Pennsylvania.  The  result  was  a  report  from  the  Judiciary 
Committee  of  the  House  in  favor  of  an  appropriation  of  one 
hundred  thousand  dollars.  The  bill  failed  because  it  was  not 
reached  on  the  calendar. 

EFFORTS  TO  SECURE  STATE  ACTION. 

An  effort  was  then  made  to  secure  an  appropriation  from 
the  State  of  Pennsylvania,  and  a  bill  was  introduced  appropri- 
ating fifty  thousand  dollars.  This  was  passed  by  the  House  and 
amended  in  the  Senate  by  increasing  the  amount  to  one  hun- 
dred thousand  dollars,  divided  into  two  items,  one  of  seventy-five 
thousand  dollars  and  one  of  twenty-five  thousand  dollars.  The 


CONSTITUTIONAL   CENTENNIAL   COMMISSION. 


285 


amendment  was  concurred  in,  and  the  bill  went  to  Governor 
James  A.  Beaver,  who  vetoed  the  item  of  twenty-five  thousand 
dollars  because  of  certain  objectionable  features  in  the  form  of 
this  portion  of  the  bill,  but  who  signed  the  appropriation  of 
seventy-five  thousand  dollars  upon  the  3d  of  June,  1887,  a  sum 
which  the  friends  of  the  measure  believed  to  be  sufficient,  a  view 
justified  by  the  event. 

The  committee  deemed  it  prudent  to  raise  a  private  fund 
through  the  subscriptions  of  citizens  of  Philadelphia,  who  re- 
sponded most  liberally. 


LIST   OF   PHILADELPHIA   SUBSCRIBERS. 


The  Philadelphia  Traction  Company   .    .  $1000 

Amos  R.  Little 500 

W.  E.  Garrett  &  Sons 500 

John  Mundell  &  Co 500 

James  Moore 5°° 

MacKellar,  Smiths  &  Jordan 500 

Wm.  Wood  &  Co 500 

John  C.  Bullitt 500 

Peter  Wright  &  Sons 500 

Charles  J.  Harrah 5°° 

Adams  Express  Company 500 

J.  E.  Caldwell  &  Co 500 

E.  C.  Knight 500 

Moore  &  Sinnott 5°° 

Drexel  &  Co 500 

Harrison,  Frazier  &  Co 500 

Burnham,  Parry,  Williams  &  Co 500 

John  Wanamaker 500 

Erben,  Search  &  Co 500 

Hamilton  Disston 500 

Alexander  Brown 5°° 

Strawbridge  &  Clothier 500 

Lewis  Bros.  &  Co 5°° 

R.  D.  Wood  &  Co 500 

Wm.  Weightman 500 

John  T.  Lewis  &  Bro 500 

Horstmann  Bros.  &  Co 5°° 


E.  H.  Filler  &  Co $500 

H.  H.  Houston 500 

Geo.  B.  Roberts 500 

M.  Guggenheim  &  Co 500 

Bailey,  Banks  &  Biddle 500 

Joel  J.  Baily  &  Co 500 

Edwin  Longstreth 500 

Hood,  Bonbright  &  Co 500 

J.  &  J.  Dobson 500 

Geo.  W.  Childs 500 

Brown  Bros.  &  Co 500 

Charlemagne  Tower 5°° 

Coffin,  Altemus  &  Co 500 

Henry  C.  Gibson 500 

Wm.  T.  Carter  &  Co 500 

Atlantic  Refining  Co 5°° 

Darlington,  Runk  &  Co 500 

Wm.  M.  Singerly 500 

Thomas  Cochran 250 

Wm.  Cramp  &  Sons 250 

Sharpless  Bros 250 

Hirsh  &  Bro 250 

I.  P.  Morris  Co 250 

Barker,  Brothers  &  Co 250 

Joseph  F.  Tobias 250 

B.  K.  Jamison  &  Co 250 

E.  W.  Clark  &  Co 250 


286 


HISTORY  OF  THE 


Neafie  &  Levy $250 

Hotel  Lafayette 250 

McCallum  &  Sloan 250 

A.  Pardee  &  Co 250 

Granville  B.  Haines  &  Co 250 

Coxe  Bros.  &  Co 250 

Bement,  Miles  &  Co 250 

Dell  &  J.  C.  Noblit 250 

Wood,  Brown  &  Co 250 

Girard  House 250 

J.  E.  Kingsley  &  Co 250 

Philadelphia  Savings  Fund 250 

Chester  Oil  Co 250 

J.  B.  Lippincott  Co 200 

The  Misses  Drexel 200 

First  National  Bank 200 

Girard  Fire  and  Marine  Ins.  Co 200 

Philadelphia  National  Bank 200 

Girard  National  Bank 200 

John  Cadwalader 200 

The  Times 200 

Wanamaker  &  Brown     ........  200 

Firth  &  Foster  Brothers 150 

Wm.  Massey loo 

George  V.  Cresson 100 

J.  B.  Ellison  &  Sons 100 

Jessup  &  Moore 100 

Dunn  Bros.  &  Co 100 

Dr.  David  Jayne  &  Son 100 

Keystone  Watch  Co loo 

E.  T.  Steel  &  Co 100 

Young,  Smyth,  Field  &  Co 100 

Martin  &  Wm.  H.  Nixon 100 

J.  Lowber  Welsh 100 

Geo.  H.  McFadden  &  Bros 100 

Charles  Smith  &  Sons 100 

Thackara  Manufacturing  Co 100 

Bingham  Hotel  Co loo 

C.  H.  Garden  &  Co 100 

Jacob  Reed's  Sons loo 

J.  B.  Sheppard  &  Sons 100 

D.  B.  Cummins loo 

Geo.  Morrison  Coates loo 


Reeves,  Parvin  &  Co $100 

Wm.  H.  Rhawn 100 

Knickerbocker  Ice  Co 100 

Lindley  Smyth 100 

Thomas  Potter,  Son  &  Co 100 

Nathan  Myers 100 

Allison  Manufacturing  Co 100 

Wm.  Simpson,  Sons  &  Co 100 

Fairbanks  &  Co 100 

Partridge  &  Richardson 100 

Wm.  C.  Houston,  Jr 100 

Gregg  &  Bowe  Co 100 

Graham  &  Passmore 100 

N.  W.  Ayers  &  Son 100 

B.  H.  Bartol 100 

S.  M.  Wanamaker  &  Co 100 

E.  H.  Coates  &  Co 100 

French,  Richards  &  Co 100 

Bergner  &  Engle  Brew.  Co 100 

S.  S.  White  Co 100 

Samuel  Y.  Heebner 100 

M.  E.  McDowell  &  Co 100 

Stewart,  Ralph  &  Co 100 

Mitchell,  Fletcher  &  Co loo 

A.  C.  Yates  &  Co 100 

Grundy  Brothers  &  Campion 100 

R.  B.  Wigton  &  Sons 100 

Martin,  Fuller  &  Co 100 

George  C.  Boldt 100 

J.  A.  Dougherty 100 

Henry  Pratt  McKean 100 

Hall  &  Carpenter 100 

John  Baird 100 

Stephen  Greene 100 

DeHaven  &  Townsend loo 

Thomas  H.  Green 100 

H.  Belfield  &  Co 100 

Graff,  Wilcox  &  Co 100 

J.  E.  Mitchell  &  Co 100 

Wm.  Ayers  &  Son 100 

James  Conaway 100 

Hoopes  &  Townsend 100 

T.  A.  Biddle  &  Co.  .                               .    .  loo 


CONSTITUTIONAL    CENTENNIAL    COMMISSION. 


287 


Wm.  P.  Clyde  &  Co $100 

J.  Wesley  Supplee loo 

S.  F.  Tyler loo 

Hughes  &  Muller loo 

Bryan,  Fox  &  Sons loo 

Conyers    Button  &  Co loo 

Charles  D.  Reed loo 

Wm.  F.  Murphy  &  Sons loo 

McNeely  &  Co 100 

Howell  &  Bro loo 

Clark  &  Kimball loo 

George  S.  Harris  &  Sons loo 

Geo.  B.  Newton  &  Co 100 

Lloyd  &  Supplee  Hardware  Co 100 

Alex.  Crow  &  Son 100 

A.  Whitney  &  Son loo 

Allen  B.  Rorke loo 

Townsend,  Whelen  &  Co loo 

Henry  Winsor  &  Co loo 

John  S.  Bispham 100 

Consolidation  National  Bank loo 

Wm.  J.  McCahan  &  Co 100 

Wm.  C.  Houston 100 

Fidelity  Ins.  Trust  and  Safe  Dep.  Co.     .  loo 

Charles  S.  Lewis loo 

Dr.  William  Pepper loo 

A.  J.  Antelo 100 

Charles  Spencer loo 

Joseph  D.  Potts loo 

Corn  Exchange  Nat.  Bank loo 

John  Bromley  &  Sons loo 

Charles  H.  Banes loo 

Charles  Scott loo 

C.  A.  Hart  &  Co 100 

Penn  Mutual  Life  Ins.  Co 100 

Baeder,  Adamson  &  Co 100 

Henry  R.  Schoch loo 

W.  W.  Justice 100 

Hughes  &  Patterson 100 

Thomas  Wood  &  Co 100 

Pennsylvania  Fire  Ins.  Co loo 

American  Fire  Ins.  Co loo 

Aaron  Fries loo 


Spring  Garden  Nat.  Bank $100 

Beneficial  Saving  Fund JQO 

Manufacturers'  Nat.  Bank IQO 

Reyburn,  Hunter  &  Co ^  IQO 

Ziegler  Bros.  &  Co IOo 

Guarantee  Trust  and  Safe  Dep.  Co.  .    .    .  100 

H.  Tilge  &  Co I00 

Western  National  Bank IQO 

Samuel  Dickson IQO 

Berwind  &  White  Co 100 

Kohn,  Adler  &  Co 100 

Provident  Life  and  Trust  Co 100 

F.  B.  &  B.  W.  Fleisher 100 

E.  J.  Hewlett  &  Son 100 

Penn  National  Bank 100 

J.  B.  Stetson  &  Co 100 

J.  G.  Reading IQO 

Simons  Bros.  &  Co 100 

A.  Boyd  Cummings joo 

R.  Glendenning  &  Co 100 

John  H.  Michener 100 

Manayunk  Nat.  Bank 100 

Western  Savings  Fund 100 

Winthrop  Smith 100 

Wilson  Bros 100 

Ridge  Ave.  P.  R.  W.  Co 100 

T.  E.  Cornish 100 

G.  £  H.  Barnett 100 

G.  Vollmer  &  Sons loo 

Dornan  Bros.  &  Co 100 

H.  J.  &  G.  R.  Crump loo 

Northern  Liberties  Nat.  Bank loo 

Edward  Shippen loo 

City  National  Bank IOO 

Northern  Saving  Fund loo 

James  Dougherty 100 

N.  Parker  Shortridge 100 

Charles  Lennig 50 

Frank  P.  Nicholson 50 

John  Y.  Huber 50 

Bell  Telephone  Co 50 

J.  M.  Gazzam 50 

Amos  Hillborn  &  Co 50 


288 


HISTORY  OF  THE 


Geo.  W.  Weikel 
C.  &  H.  Bone 
H.  N.  Burroughs 
Wm.  H.  Arrott 
Marks  Brothers 
Sailer,  Lewin  &  Co 
Wm.  Waterall 
V.  C.  Sweatman 
Strouse,  Loeb  &  Co 
Wm.  Henry  Rawle 
J.  J.  Allen's  Sons 
Delaney  &  Co 
A.  J.  Holman  &  Co 


5° 
5° 
5° 
5° 
5° 
5° 
'.  .  .  .  50 

5° 
5° 
5° 
5° 
50 
W.  Atlee  Burpee  &  Co  .........        50 

Wm.  Helme  ......    .......        5° 

A.  G.  Elliot  &  Co  ........    •  .    .        5° 

Snyder,  Harris,  Bassett  &  Co  ......        50 

Samuel  &  Frank  Field   ........        50 

Clement  M.  Biddle  &  Co  ........        50 

Benjamin  Reiff    ...........         5° 

D.  F.  Conover  &  Co  ..........        50 

J.  G.  Rosengarten  ..........        50 

John  W.  Patton    ...........         50 

Smith,  Kline  &  Co  ..........        50 

E.  P.  Borclen   ............        50 

D.  T.  Pratt   .............        50 

Harbert,  Russell  &  Co  .........        50 

F.  Gutekunst    ............        50 

Felton,  Rau  &  Sibley  .........        50 

Snodgrass,  Murray  &  Co  ........         50 

Wm.  D.  Rogers  &  Co  .........        50 

C.  Edelpeim    ............        50 

Samuel  R.  Shipley  ..........        50 

F.  M.  &  H.  Brooke  ..........        50 

John  S.  Serrill  ............        50 

Hale  &  Kilburn  Co  ..........        50 

A.  Hagen  &  Co  ............  50 

W.W.Jones    ............  50 

James  Campbell  ...........  50 

Thomas  L.  Leedom  &  Co  ........  50 

J.  R.  Keim  &  Co  ...........  50 

Hires  &  Co  ..............  50 

B.  H.  Shoemaker    ..........  50 


S.  Emlen  Meigs $50 

E.  Mellor  &  Co 50 

Leibrandt  &  McDowell 50 

Insurance  Co.  of  the  State  of  Pennsylvania  50 

National  Bank  of  Germantown     ....  50 

David  H.  Lane 50 

Joseph  M.  Bennett 50 

George  G.  Pierie 50 

S.  Murray  Mitchell 50 

Morwitz  &  Co 50 

Robert  P.  Dechert 50 

Wm.  Mann 50 

C.  S.  Garrett  &  Son 50 

George  Watson 50 

Thomas  L.  Gillespie .    .  30 

Gaulbert,  Morgan  &  Caskey 30 

Dr.  J.  D.  Thomas 25 

Charles  W.  Henry 25 

W.  Zeisse  .    • 25 

Brown,  DeTurck  &  Co 25 

W.  S.  Auchincloss 25 

Eli  Keen  &  Sons 25 

Julius  Sichel 25 

Hastings  &  Co 25 

Artman,  Treichler  &  Co 25 

Francis  Perot's  Sons 25 

Wm.  B.  Hackenburg  &  Co 25 

John  Brown 25 

H.  H.  Collins 25 

A.  Ulrich  &  Co 25 

Caleb  Cope 25 

Wiseman  &  McGill 25 

T.  J.  Dunn  &  Co 25 

Pennock  Bros 25 

Thos.  Devlin  &  Co 25 

J.  W.  Catherwood 25 

Wm.  H.  Lambert 25 

Wm.  S.  Kimball 25 

James  A.  Freeman 25 

A.  J.  Weidener 25 

Levi  Knowles  &  Co 25 

David  Carrick  &  Co 25 

Wm.  Brockie 25 


CONSTITUTIONAL   CENTENNIAL   COMMISSION. 


289 


Pfaelzer  Bros.  &  Co $25 

Joseph  L.  Caven 25 

H.  W.  Pulaski  &  Co 25 

B.  Andrews  Knight 25 

H.  S.  Cattell 25 

R.  Blankenburg  &  Co 25 

Pack  &  Son 25 

J.  N.  Gillilan 25 

Fleisher  &  Bro 25 

E.  A.  D.  Hunter     .    .    .    .    : 25 

S.  Weir  Mitchell 25 

B.  W.  Greer  £  Hetzel 25 

M.  A.  Furbush  &  Son 25 

American  Dredging  Co 25 

W.  &  T.  Allen  &  Co 25 

W.  H.  &  G.  W.  Allen 25 

David  B.  Fox 25 

M.  Newburger  &  Son 25 

England  &  Bryan 25 

V.  P.  McCully 25 

Samuel  Lees 25 

Mellor  &  Rittenhouse 25 

Lippincott,  Coale  &  Co 25 

Hance  Brothers  &  White 25 

Hensel,  Colladay  &  Co 25 

James  H.  Windrim 25 

Monroe  Bros.  &  Co 25 

Whitney  &  Kemmerer 25 

Andrew  H.  Miller 25 

Joseph  F.  Page 25 

Taylor  &  Betts 25 

H.  C.  Wilbur  &  Sons 25 

W.  H.  Phelen 25 

George  Whiteley 25 

Joshua  L.  Bailey 25 

George  T.  Fox 25 

VanDusen  Bros.  &  Co 25 

George  W.  Scott 25 

Wilson,  Childs  &  Co 25 

R.  Nebinger 25 

E.  L.  Reakirt 25 

D.  S.  Wiltberger 25 

Weimer,  Wright  &  Watkin 25 

VOL.  I. — 38 


Morris  L.  Fell  &  Co #25 

H.  B.  Benners  &  Son 25 

Edward  lungerich •    •    •    .    .  25 

James  W.  Cooke 25 

George  C.  Neumann 25 

C.  M.  Ghriskey 25 

Schwartz  &  Graff 25 

White,  Hentz  &  Co 25 

Adam  S.  Conway 25 

Blumenthal  Bros.  &  Co 25 

P.  Blakiston,  Son  &  Co 25 

Samuel  H.  Gilbert 25 

P.  S.  Dooner 25 

S.  Sternberger  &  Co 25 

Charles  Santee 25 

J.  W.  Gaskill  &  Sons 25 

F.  J.  Dreer 25 

R.  Dale  Benson 25 

A.  Wrightson 25 

J.  C.  McCook  &  Co 25 

Samuel  Jackson 25 

George  Gilpin 25 

Enoch  Lewis 25 

J.  T.  Shinn 25 

Alburger,  Stoer  &  Co 25 

Clark  Bros.  &  Co 25 

Sailer  &  Stevenson 25 

Sowers,  Potts  &  Co 25 

Johnson,  Holloway  &  Co 25 

Thomas  Roberts  &  Co 25 

Richard  A.  Lewis 25 

Wm.  F.  Harrity 25 

George  E.  Bartol 25 

J.  H.  Collins,  Son  &  Co 25 

McCambridge  &  Co 20 

T.  C.  Henry 2O 

Cooke  &  Ewing 20 

C.  D.  Norton  &  Co 20 

J.  McArthur,  Jr 20 

G.  Keebler  &  Co. 20 

Eshleman  &  Craig 20 

Wm.  King  &  Co 20 

Lloyd  &  Russell 20 


290 


HISTORY  OF  THE 


Cooke  &  Gager 

H.  &  G.  Kessler 

C.  A.  Clark  &  Son 

John  Gay's  Sons 

Gco.  W.  Russell 

Edward  Partridge 

Charles  Beck 

E.  W.  Woolman 

J.  J.  DeZouche  &  Co.     .   .    . 

P.  Tobin 

Wright,  Tyndale  &  VanRoden 

J.  M.  Da  Costa 

J.  D.  Allgaier 

H.  A.  Jeitles  &  Co 

N.  D.  Stoops  &  Co 

Robinson  &  Loeble     .... 


20 
20 

15 
is 

IS 

15 

10 
10 

10 
10 
10 
10 

10 

10 

10 

10 
10 

10 
10 
10 
10 

IO 
IO 

IO 
10 
10 
10 
10 
10 
10 
10 
10 
10 
IO 
TO 

J  C  Grieb  &  Son    

.    .    .    .      $10 

W.  H.  Horn  &  Bro  

.    .    .    .        10 

Bailey  Eachus  &  Shoe  .... 

.    .    .    .        10 

.   .    .    .        10 

R  A   Shetzline    

.    .    .    .        10 

Schaefer  &  Koradi  

.   .    .    .        10 

.   .   .    .        10 

.     .     .     .           IO 

Thomas  Donaldson     

.     .     .     .           IO 

W  Curtis  Taylor     

.    .    .    .        10 

L   Schwarzwaelder     

.     .     .     .           IO 

Tyndale,  Mitchell  Co  

.     .     .     .            IO 

S   Kind  &  Co  

.     .     .     .           IO 

.     .     .     .           IO 

J   Stilz  &  Son  

.     .     .     .           IO 

Alex  Adair          

.     .     .     .           IO 

Edmund  Webster    

.     .     .     .           IO 

Emil  Wahl   

...           10 

John  Blood  &  Co  

.   .   .   .        10 

.     .     .     .           IO 

Neil  £  Rau  

.     .     .     .           IO 

Hartley,  Fink  &  Co  

...           IO 

David  Stern  

....           IO 

W  B   Riley  &  Co  

....           IO 

Dripps  &  Wardle     

....           IO 

A  Oliver  

....           IO 

Ellis  D.  Williams    

....           IO 

J   Richmond    

....           IO 

H  A   Hitner  &  Sons  

....           IO 

Cash  

....           IO 

Cash          

....           IO 

c 

C 

Total    . 

.    Ssi.dio 

Harding,  Britton  &  Co 10 

H.  C.  Blair  &  Sons 

R.  Patterson 

C.  E.  Robinson  &  Bro 

G.  A.  Schwarz 

Charles  Platt 

American  Machine  Co 

E.  R.  Artman  &  Co 

Charles  Richardson 

Joseph  Chapman  &  Co 10 

Garrett  &  Buchanan 

Techner  &  Frank 

Mattson  &  Dilks 

W.  C.  Hannis 

Charles  J.  Cohen 10 

Horace  See 

A.  R.  Justice 

Keen,  Bodine  &  Co 

Hyzer  &  Llewellen 10 

This  sum  was  exclusive  of  the  amounts  privately  expended  by 
the  exhibitors  in  the  civic  and  industrial  display  of  September  15, 
of  which  the  Commission  has  no  accurate  knowledge,  but  it  is 
believed  that  the  display  cost  more  than  two  hundred  and  fifty 
thousand  dollars. 


CONSTITUTIONAL    CENTENNIAL    COMMISSION.  291 


STATE  APPROPRIATIONS. 

The  State  of  Massachusetts  appropriated  forty  thousand  dol- 
lars ;  Connecticut,  eighteen  thousand  dollars ;  Rhode  Island, 
twenty-five  hundred  dollars ;  Delaware,  two  thousand  dollars ; 
which  sums  were  expended  by  each  State  for  her  own  share  in 
the  celebration,  and  did  not  pass  through  the  hands  of  the  Com- 
mission. New  Jersey  authorized  her  governor  to  send  her  militia 
at  the  cost  of  the  State,  while  Maryland,  Virginia,  South  Carolina, 
Georgia,  New  Hampshire,  North  Carolina,  Ohio,  Maine,  Iowa, 
West  Virginia,  New  York,  and  the  District  of  Columbia  made 
arrangements  to  send  troops,  either  at  the  public  expense,  or 
through  the  patriotic  interest  of  private  citizens  who  contributed 
funds  for  that  purpose. 


EFFORTS   TO   AROUSE  PUBLIC   SENTIMENT. 

Believing  it  to  be  of  the  utmost  importance  to  the  success  of 
their  plans  that  the  newspaper  press  of  the  city  should  be  in  active 
co-operation,  the  Executive  Committee  called  a  conference  of  the 
editors  of  all  papers  at  Parlor  C,  of  the  Continental  Hotel,  early 
in  May,  and  reported  to  them  the  progress  which  had  been  made 
in  the  plans  of  the  Commission,  which  was  followed  by  the  hap- 
piest consequences.  The  press  became  the  energetic  and  elo- 
quent ally  of  the  Commission,  and  daily  published  matter  relating 
to  the  proposed  celebration,  supported  by  judicious  and  well-timed 
editorials. 

As  a  means  of  reviving  interest  in  the  past,  and  of  arousing  a 
spirit  of  emulation,  the  Executive  Committee  published  in  every 
paper  of  the  United  States  an  abridged  account  of  the  joyful  and 
magnificent  pageant  of  1 788,  in  honor  of  the  adoption  of  the  Con- 
stitution by  ten  States,  as  written  by  Francis  Hopkinson. 


HISTORY  OF  THE 

The  paper  was  entitled 

"THE    EVENT   OF  A   CENTURY   AGO. 

"  On  July  4,  1788,  the  citizens  of  Philadelphia  celebrated  both  the  Dec- 
laration of  Independence  and  the  establishment  of  the  Constitution,  pro- 
posed by  the  late  general  convention  of  the  States,  then  solemnly  adopted 
and  ratified  by  ten  of  those  States.  The  celebration  began  by  a  salute  to 
the  rising  sun  by  a  full  peal  of  bells  from  Christ  Church  steeple,  and  a  dis- 
charge of  cannon  from  the  ship  Rising  Sun,  anchored  off  Market  Street. 
At  the  same  time  ten  vessels,  named  in  honor  of  the  ten  adopting  States,  and 
superbly  decorated,  could  be  seen  arranged  the  whole  length  of  the  harbor, 
in  the  following  order :  New  Hampshire,  opposite  to  the  Northern  Lib- 
erties; Massachusetts,  opposite  to  Vine  Street;  Connecticut,  to  Race  Street; 
New  Jersey,  to  Arch  Street ;  Pennsylvania,  to  Market  Street ;  Delaware,  to 
Chestnut  Street;  Maryland,  to  Walnut  Street;  Virginia,  to  Spruce  Street; 
South  Carolina,  to  Pine  Street;  and  Georgia,  to  South  Street. 

"The  several  divisions  which  were  to  compose  the  grand  procession 
began  to  assemble  at  8  o'clock  in  the  morning,  at  and  near  the  intersection 
of  Third  and  South  Streets.  At  this  point  the  line  of  march  commenced, 
and  continued  along  Third  Street  to  Callowhill  Street,  thence  up  Callowhill 
Street  to  Fourth  Street,  thence  along  Fourth  Street  to  Market  Street,  and 
thence  to  Union  Green,  in  front  of  Bush  Hill,  William  Hamilton,  Esq., 
having  kindly  offered  the  spacious  lawn  before  his  house,  at  Bush  Hill,  for 
the  purposes  of  the  day.  At  9.30  the  grand  procession  began  to  move  in 
the  following  order : 

"First.  Twelve  axe-men,  dressed  in  white  frocks,  with  white  girdles 
round  their  waists,  and  wearing  ornamented  caps,  and  headed  by  Philip 
Pancake. 

"  Second.  The  First  City  Troop,  commanded  by  Captain  Miles. 

"  Third.  Independence,  represented  by  John  Nixon,  on  horseback,  bearing 
the  staff  and  cap  of  Liberty ;  under  the  cap  a  white  silk  flag,  with  these 
words, '  Fourth  of  July,  1776,'  in  large  gold  letters. 

"  Fourth.  Artillery,  commanded  by  Captain  Moreland  Fisher. 

"  Fifth.  French  Alliance,  represented  by  Thomas  Fitzsimons,  on  horse- 
back, carrying  a  flag  of  white  silk,  bearing  three  fleur-de-lis  and  thirteen 
stars  in  union,  over  the  words,  'Sixth  of  February,  1778,'  in  gold  characters. 


CONSTITUTIONAL   CENTENNIAL   COMMISSION.  293 

The  horse  on  which  he  rode  was  the  same  on  which  Count  Rochambeau 
rode  at  the  siege  of  Yorktown. 

"  Sixth.  Corps  of  light  infantry,  commanded  by  Captain  A.  G.  Clay- 
poole,  with  standard  of  the  First  Regiment. 

"  Seventh.  Definitive  Treaty  of  Peace,  represented  by  George  Clymer,  on 
horseback,  carrying  a  flag  adorned  with  olive  and  laurel ;  the  words,  '  Third 
of  September,  1783,'  in  gold  letters,  pendant  from  the  staff. 

"Eighth.  Colonel  John  Shee,  on  horseback,  carrying  a  flag,  blue  field, 
bearing  an  olive  and  laurel  wreath,  over  the  words,  '  Washington,  the  friend 
of  his  country,'  in  silver  letters. 

"Ninth.  The  City  Troop  of  Light  Dragoons,  Captain  W.  Bingham,  com- 
manded by  Major  W.  Jackson. 

"  Tenth.  Richard  Bache,  on  horseback,  as  a  herald,  attended  by  a  trum- 
peter, proclaiming  '  A  New  Era/  the  words  '  New  Era,'  in  gold  letters, 
pendant  from  the  herald's  staff",  with  an  appropriate  verse. 

"  Eleventh.  Convention  of  the  States,  represented  by  Peter  Muhlenberg, 
on  horseback,  carrying  a  blue  flag,  with  the  words,  '  Seventeenth  of  Septem- 
ber, 1787,'  in  silver  letters. 

"  Twelfth.  Band  of  music. 

"  Thirteenth.  The  Constitution,  represented  by  Chief-Justice  McKean  and 
Judges  Atlee  and  Rush,  in  their  robes  of  office,  seated  in  a  lofty  ornamented 
car,  in  the  form  of  a  large  eagle,  drawn  by  six  white  horses.  The  Chief 
Justice  supported  a  tall  staff",  on  the  top  of  which  was  the  cap  of  liberty ; 
under  the  cap  was  the  new  Constitution,  framed  and  ornamented,  and  im- 
mediately under  the  Constitution  were  the  words  '  The  People,'  in  large  gold 
letters,  affixed  to  the  staff! 

"  Fourteenth.  Corps  of  Light  Infantry,  commanded  by  Captain  Heysham, 
with  the  standard  of  the  Third  Regiment. 

"  Fifteenth.  The  gentlemen  representing  the  States  that  had  ratified  the 
Federal  Constitution,  each  carrying  a  small  flag,  bearing  the  name  of  the 
State  he  represented  in  gold  letters,  viz. :  Duncan  Ingraham,  New  Hamp- 
shire ;  Jona.  Williams,  Jr.,  Massachusetts  ;  Jared  Ingersoll,  Connecticut ; 
Samuel  Stockton,  New  Jersey;  James  Wilson,  Pennsylvania;  Colonel 
Thomas  Robinson,  Delaware ;  Hon.  J.  E.  Howard,  Maryland ;  Colonel 
Febiger,  Virginia;  W.  Ward  Burrows,  South  Carolina;  George  Meade, 
Georgia. 


HISTORY  OF  THE 

"  Sixteenth.  Colonel  William  Williams,  on  horseback,  in  complete  armor, 
bearing  on  his  arm  a  shield  emblazoned  with  the  arms  of  the  United  States. 

"  Seventeenth.  The  Montgomery  Troop  of  Light  Horse,  commanded  by 
James  Morris. 

"  Eighteenth.  Consuls  and  representatives  of  foreign  States  in  alliance 
with  America. 

"  Nineteenth.  Hon.  Francis  Hopkinson,  Judge  of  the  Admiralty,  wearing 
in  his  hat  a  gold  anchor,  pendant  on  a  green  riband.  He  was  preceded  by 
the  register's  clerk,  carrying  a  green  bag,  filled  with  rolls  of  parchment,  the 
word  '  Admiralty'  in  large  letters  on  the  front  of  the  bag. 

"  James  Read,  Register  of  the  Admiralty  Court,  wearing  a  silver  pen  in 
his  hat. 

"  Clement  Biddle,  marshal  of  the  Admiralty,  carrying  a  silver  oar. 

"  Twentieth.  Wardens  of  the  Port  and  Tonnage  Officer. 

"  Twenty-first.  Collector  of  Customs  and  Naval  Officer. 

"  Twenty-second.  Peter  Baynton,  as  a  citizen,  and  Colonel  Isaac  Melcher, 
dressed  as  an  Indian  chief,  in  a  carriage,  smoking  the  calumet  of  peace 
together. 

"  Twenty-third.  The  Berks  County  Troop,  commanded  by  Captain  Ph. 
Strubing. 

"  Twenty-fourth.  The  New  Roof,  or  Grand  Federal  Edifice,  on  a  carriage, 
drawn  by  ten  white  horses.  This  building,  thirty-six  feet  high,  was  in  the 
form  of  a  dome,  supported  by  thirteen  Corinthian  columns,  raised  on  ped- 
estals, the  frieze  decorated  with  thirteen  stars.  Ten  of  the  columns  were 
complete,  but  three  left  unfinished.  On  the  pedestals  of  the  columns  were 
inscribed  in  ornamented  letters  the  initials  of  the  thirteen  American  States. 
Round  the  pedestal  of  the  edifice  these  words  :  'In  union  the  fabric  stands 
firm: 

"  The  grand  edifice  was  followed  by  a  corps  of  over  four  hundred  and 
fifty  carpenters,  saw-makers,  file-cutters,  etc. 

"  Twenty-fifth.  The  Pennsylvania  Society  of  Cincinnati  and  militia 
officers. 

"  Twenty-sixth.  Corps  of  Light  Infantry,  commanded  by  Captain  Rose. 

"  Twenty-seventh.  The  Agricultural  Society,  headed  by  their  president, 
Samuel  Powel,  and  Major  Hodgdon,  bearing  a  banner  representing  industry. 

"Twenty-eighth.  Farmers,  headed  by  Messrs.   Richard  Peters,  Richard 


CONSTITUTIONAL    CENTENNIAL   COMMISSION.  295 

Willing,  Samuel  Meredith,  Isaac  Warner,  George  Gray,  Charles  Willing,  and 
others.  One  of  the  ploughs  in  this  department,  drawn  by  four  oxen,  was 
directed  by  Richard  Willing,  in  the  dress  and  character  of  a  farmer. 

"  Twenty-ninth.  The  Manufacturing  Society,  with  spinning-  and  carding- 
machines,  looms,  etc.  The  carding-machine,  worked  by  two  men,  carding 
cotton  at  the  rate  of  fifty  pounds'  weight  per  day,  was  placed  on  a  carriage 
thirty  feet  long,  eighteen  feet  wide,  and  thirteen  feet  high,  drawn  by  ten 
horses.  Also  several  other  machines  in  full  operation.  The  carriage  was 
followed  by  a  large  number  of  weavers. 

"  Thirtieth.  Corps  of  Light  Infantry,  commanded  by  Captain  Robinson. 

"  Thirty-first.  The  Marine  Society.  Ten  captains,  five  abreast,  followed 
by  the  members  of  the  society,  six  abreast. 

"  Thirty-second.  The  Federal  ship  Union,  mounting  twenty  guns,  com- 
manded by  John  Green,  three  lieutenants,  and  four  boys  in  uniform.  The 
crew,  including  officers,  consisted  of  twenty-five  men. 

"  The  ship  was  thirty-three  feet  in  length,  width  and  rigging  in  propor- 
tion. Her  hull  was  the  barge  of  the  ship  Alliance,  the  same  which 
formerly  belonged  to  the  Serapis,  and  was  taken  in  the  memorable  engage- 
ment of  Captain  Paul  Jones,  in  the  Bonhomme  Richard,  with  the  Serapis. 
She  was  mounted  on  a  carriage  drawn  by  ten  horses. 

"  Boat-builders  in  a  boat-builders'  shop,  eighteen  feet  long,  eight  feet 
wide,  thirteen  feet  high,  drawn  by  four  horses.  Seven  hands  were  at  work 
building  a  boat  thirteen  feet  long,  which  was  actually  set  up  and  nearly 
completed  during  the  procession.  Then  followed  large  deputations  of  the 
different  trades, — sail-makers,  ship-carpenters,  ship-joiners,  rope-makers,  and 
ship-chandlers,  merchants  and  traders,  and  others. 

"  Thirty-third.  The  trades  formed  an  important  feature  of  the  procession, 
and  were  followed  by  officers  of  Congress,  Supreme  Executive  Council  of 
Pennsylvania,  justices  of  the  Court  of  Common  Pleas,  sheriff  and  coroner, 
Board  of  City  Wardens,  city  treasurer,  etc.,  members  of  the  bar,  the  clergy, 
physicians,  the  county  troop  of  horse  commanded  by  Major  W.  McPherson, 
bringing  up  the  rear.  The  length  of  the  line  was  a  mile  and  a  half,  the  dis- 
tance marched  about  three  miles,  and  the  time  consumed  over  three  hours. 

"  Francis  Hopkinson,  who  himself  participated  in  this  procession,  wrote 
that  it  was  '  an  exhibition  which  for  novelty,  splendor,  and  decorum  justly 
merited  universal  admiration  and  applause.  If,  besides  the  magnificence  of 


HISTORY  OF  THE 

the  thing  itself,  we  take  into  consideration  the  important  occasion  that 
induced  it,  it  must  be  acknowledged  to  have  been  an  object  most  interesting 
and  truly  sublime.' 

"It  is,  of  course,  but  natural  to  expect  that  the  celebration  of  1887  will 
surpass  that  of  1788  in  respect  to  grandeur  and  magnificence  in  every  detail. 
To  surpass  it,  however,  in  the  joy  and  enthusiasm  of  the  participants  will 
not  be  such  an  easy  task." 

The  Executive  Committee  also  issued  the  following  address 
to  the  people  of  the  United  States : 

"The  Constitutional  Centennial  Commission  was  organized  at  Phila- 
delphia, on  the  2d  of  December,  1886,  by  the  commissioners  appointed 
by  the  States  and  Territories,  for  the  purpose  of  providing  for  the  proper 
celebration  by  the  nation  of  the  centennial  anniversary  of  the  framing  and 
promulgation  of  the  Constitution  of  the  United  States  of  America. 

"  At  various  times  and  in  different  places  you  have  been  called  together 
to  commemorate  by  appropriate  ceremonies  the  great  events  in  your 
national  history.  In  obedience  to  that  impulse  which  bids  a  people  do 
honor  to  its  past,  you  have  reared  the  lofty  column,  the  triumphal  arch, 
or  the  votive  tablet  to  the  memories  of  those  who  fought  for  freedom 
on  the  battle-field,  or  who,  by  their  wisdom  in  the  Senate-chamber,  pre- 
served the  principles  of  free  government  for  the  benefit  of  mankind.  In 
1874  you  were  summoned  by  the  voice  of  Philadelphia  to  meet  in  the 
hall  of  the  Carpenters'  Company,  where  the  First  Continental  Congress 
protested  against  the  tyranny  of  the  Stamp  Act,  the  Tea  Act,  the  Boston 
Port  Bill,  and  all  the  vexatious  restrictions  upon  trade,  and  boldly  pro- 
claimed their  rights  to  the  enjoyment  of  life,  liberty,  and  property,  their 
resistance  to  taxation  without  representation,  and  their  purpose  to  defend 
their  ancient  charters  from  assault.  In  1875  you  answered  the  call  of 
Lexington  and  Concord  and  Bunker  Hill,  to  pay  the  respectful  homage 
of  your  gratitude  to  those  bold  farmers  who  '  fired  the  shot  heard  round 
the  world,'  and  thrice  drove  the  red-coated  grenadiers  to  the  shelter  of 
their  shipping.  In  1876  you  again  assembled  in  Philadelphia,  like  wor- 
shippers before  a  shrine,  to  bow  in  reverence  and  return  devout  thanks 
to  God  for  the  spirit  which  inspired  the  fathers  of  the  republic  to  de- 
clare that  'these  united  colonies  are,  and  of  right  ought  to  be,  free  and 


CONSTITUTIONAL    CENTENNIAL   COMMISSION.  297 

independent  States,'  and  to  the  accomplishment  of  that  grand  purpose 
to  solemnly  pledge  their  lives,  their  fortunes,  and  their  sacred  honor. 
There  and  then  you  met  your  ancient  enemy,  not  in  the  furious  shock 
of  war,  but  in  a  time  of  profound  peace,  in  honorable  rivalry,  with  feelings 
of  amity  and  generous  forgetfulness  of  former  wrongs.  You  called  upon 
the  nations  of  the  earth  to  witness  the  spectacle  of  successful  free  gov- 
ernment, the  triumphs  of  your  mechanic  art,  the  products  of  your  looms 
and  workshops,  the  marvels  of  your  inventive  genius,  the  rich  harvests 
of  your  fields,  your  mineral  wealth,  and  all  the  accumulated  proofs  of 
your  material  and  industrial  prosperity  and  progress.  Since  then  you 
have  assembled  at  Saratoga  and  Trenton,  at  Brandywine  and  German- 
town,  upon  the  sacred  hills  at  Valley  Forge,  at  Monmouth  and  Stony 
Point,  at  Charleston,  Savannah,  and  Eutaw  Springs.  Alternately  you 
exulted  in  the  recollection  of  victory,  as  at  Cowpens,  or  were  saddened 
and  chastened,  as  at  Camden,  by  the  memories  of  defeat.  But  lately  you 
hurried  to  the  plains  of  Yorktown,  the  scene  of  final  triumph,  to  attest 
your  joy  at  the  deliverance  of  America  from  bondage,  and  to  proclaim 
your  undying  attachment  to  the  principles  which  animated  the  patriots  of 
our  ever-glorious  Revolution. 

"  For  a  third  time  you  are  summoned  to  Philadelphia, — the  city  of  the 
Declaration  of  Independence, — the  city  of  the  Constitution.  It  is  the 
Mecca  of  America.  Thither  every  lover  of  free  government,  every  student 
of  the  political  achievements  of  mankind,  every  citizen  who  values  the 
blessings  of  liberty,  or  who  has  enjoyed  its  protection  and  its  benefits, 
should  find  his  way.  It  is  a  national  celebration.  It  is  the  people's  jubilee. 
But  a  few  years  ago,  the  inhabitants  of  frozen  Iceland  met  on  their  Law 
Mount  and  celebrated,  with  song  and  saga,  their  one  thousandth  anniver- 
sary. But  a  'few  days  since,  millions  of  British  subjects  rent  the  air  with 
their  acclamations  upon  the  completion  of  the  fiftieth  year  of  the  reign  of 
their  gracious  queen.  Our  national  memorial  celebration  is  of  far  deeper 
significance  than  these.  It  relates  to  the  completion  of  the  structure  of  our 
government  by  its  architects  and  builders,  and  its  solemn  dedication  to  the 
service  of  the  people  and  mankind.  The  hour  when  that  august  Con- 
vention— presided  over  by  Washington  and  illumined  by  the  wisdom  of 
Franklin,  Hamilton,  Madison,  Wilson,  Langdon,  Morris,  Gerry,  Sherman, 
Ellsworth,  Livingston,  Dickinson,  Carroll,  Rutledge,  Pinckney,  Baldwin, 
VOL  i. — 39 


298 


HISTORY  OF  THE 


and  their  immortal  associates — completed  its  work,  and  on  the  i/th  of 
September,  1/87,  committed  to  the  people  of  the  States  for  their  approval 
that  great  charter  of  government,  now  known  and  honored  everywhere  as 
the  Constitution  of  the  United  States,  marked  the  most  momentous  epoch 
in  our  history.  The  labors  of  that  day  preserved  for  all  time  the  precious 
fruits  of  freedom  and  self-government.  Unique  in  origin  ;  without  a  proto- 
type in  design ;  of  enduring  strength,  and  of  phenomenal  success,  in  the 
history  of  political  philosophy  the  Constitution  stands  alone.  Tested  by 
danger  and  adversity,  as  well  as  by  peace  and  prosperity,  endeared  to  us  by 
tradition  and  hallowed  by  experience,  it  has  become  the  object  of  our 
reverential  and  affectionate  regard.  To  it  no  American  mind  can  be  too 
attentive,  and  no  American  heart  too  devoted,  and  it  is  believed  that  the 
people  will  gather,  as  they  never  yet  have  gathered,  to  commemorate  by 
appropriate  exercises  the  great  work  which  was  accomplished  in  Phila- 
delphia by  the  statesmen  of  the  Revolution,  and  to  return  in  a  devout 
and  heartfelt  manner  their  thanks  to  divine  Providence  for  the  blessings 
which  they  have  enjoyed  during  a  century  of  federal  constitutional  govern- 
ment. 

"  Animated  by  these  feelings,  and  conscious  of  the  sublime  meaning  of 
the  approaching  event,  the  commissioners  have  framed  and  outlined  a  pro 
gramme  of  exercises  which  in  their  judgment  are  appropriate.  They  have 
provided  for  the  delivery  of  an  oration  by  Mr.  Justice  Miller,  of  the  Supreme 
Court  of  the  United  States,  and  a  poem  by  a  national  poet  in  commemora- 
tion of  the  signing  of  the  Constitution.  There  will  be  a  grand  industrial 
processional  display,  which  will  outshine  in  magnificence  and  extent,  in  the 
variety  and  completeness  of  its  details,  the  great  popular  rejoicings  of  over 
one  hundred  years  ago.  There  will  be  a  military  display,  in  which  the 
United  States  will  be  represented  by  each  branch  of  its  military  and  naval 
service,  commanded  by  the  general  of  the  army;  the  several  States  and 
Territories  and  the  District  of  Columbia  will  be  represented  by  their  militia 
and  volunteer  service.  The  President  of  the  United  States  will  preside  in 
person  upon  the  I7th  of  September.  Invitations  to  participate  in  the  cele- 
bration have  been  extended  to  the  President  of  the  United  States  and  his 
cabinet;  to  the  Federal  judiciary;  to  United  States  senators  and  members 
of  Congress ;  to  the  representatives  of  all  departments  of  the  Federal  gov- 
ernment; to  the  governor  of  each  State  and  Territory;  to  the  judiciaries 


CONSTITUTIONAL    CENTENNIAL   COMMISSION.  299 

and  legislatures  of  the  same,  and  the  representatives  of  the  several  depart- 
ments thereof;  to  the  commissioners  of  the  District  of  Columbia,  and  the 
resident  representatives  of  the  foreign  governments  having  friendly  relations 
with  the  United  States.  Nor  have  the  various  civic  organizations  and  asso- 
ciations of  the  Union  been  forgotten.  They,  and  all  major-  and  brigadier- 
generals  of  the  army,  active  or  retired,  all  rear-admirals  and  commodores, 
all  known  descendants  of  the  framers  of  the  Constitution,  historians,  poets, 
literary  men,  newspaper  editors,  judges,  lawyers,  physicians,  preachers, 
bishops,  cardinals,  distinguished  inventors  and  explorers,  and  all  others 
who  are  true  representatives  of  national  progress,  have  been  invited  to  be 
present.  From  North  and  South,  East  and  West — from  every  corner  of 
the  republic — come  the  hearty  assurances  of  co-operation  and  patriotic 
zeal. 

"  Come,  then,  citizens  of  America,  to  the  city  of  the  Constitution. 
Revisit  the  hallowed  ground  of  its  birthplace.  Review  the  scenes,  recall 
the  deeds,  revive  the  memories,  of  the  great  statesmen  who  framed  it. 
Renew  your  vows  of  fealty  to  the  Constitution,  and  thus  knit  in  closer 
bonds  of  union  the  members  of  our  great  republic. 

"JOHN   A.  KASSON,  President. 

"AMOS    R.  LITTLE,  Chair.  Ex.  Com. 

"HAMPTON   L.  CARSON,  Secretary? 

The  governor  of  Pennsylvania  issued  the  following 
PROCLAMATION. 

"To  THE  PEOPLE  OF  PENNSYLVANIA,  GREETING: 

"  The  centennial  anniversary  of  the  signing  of  the  Constitution  of  the 
United  States  of  America  is  approaching. 

"  In  pursuance  of  a  movement  inaugurated  by  the  Legislature  of  New 
Jersey  on  the  second  day  of  June,  1886,  planned  by  the  governors  and 
other  representatives  of  the  thirteen  original  States  of  the  Union,  and 
carried  out  by  representatives  of  all  the  States  and  Territories  organized 
and  known  as  the  Constitutional  Centennial  Commission,  the  occasion  will 
be  observed  and  celebrated  in  a  manner  befitting  its  dignity  and  importance, 
in  the  city  of  Philadelphia,  on  the  fifteenth,  sixteenth,  and  seventeenth  days 
of  September,  1887. 


300  HISTORY  OF   THE 

"  The  adoption  of  the  Constitution  by  the  Convention  which  assembled 
in  the  city  of  Philadelphia,  for  the  purpose  of  maturing  a  plan  for  the 
government  of  the  United  States — concluding  its  labors  on  the  i;th  of 
September,  1787 — and  its  subsequent  ratification  by  the  several  States  there 
represented,  was  an  event  which  has  few  equals  in  importance  in  the  history 
of  the  world.  A  century  of  unexampled  progress  and  prosperity,  during 
which  the  Constitution  has  not  only  met  the  requirements  of  ordinary, 
peaceful,  national  life,  but  has  also  withstood  the  shock  of  great  and  trying 
emergencies,  demonstrates  the  wisdom,  sagacity,  and  forethought  of  its 
framers.  As  a  result  of  the  successful  labors  of  our  patriotic  forefathers, 
personal  freedom  based  upon  constitutional  guarantees,  and  civil  liberty 
under  a  government  ordained,  established,  and  administered  by  the  people, 
have  become  the  aspiration  and  hope  of  the  most  enlightened  peoples  of  the 
world.  We  do  well  to  pause  for  a  day,  in  the  busy  whirl  of  active  life,  to 
pay  tribute  to  the  memory  of  the  men  who  so  wondrously  planned  our  fair 
fabric  of  government,  and  to  commemorate  the  material  progress  which  we 
have  made  and  the  political  prestige  which  we  have  won,  as  the  result  of 
their  thoughtful  labors. 

"  In  view  of  the  facts  already  stated,  and  of  the  further  fact  that  our 
commonwealth  has  made  liberal  material  provision  for  this  celebration, 
I,  JAMES  A.  BEAVER,  governor  of  the  said  commonwealth,  do  hereby 
commend  to  all  the  people  thereof  the  observance  of  the  days  set  apart 
by  the  Constitutional  Centennial  Commission  aforesaid  for  the  commem- 
oration of  the  centennial  anniversary  of  the  signing  of  the  Federal  Con- 
stitution. 

"  I  earnestly  recommend  to  all  our  manufacturers  throughout  the  com- 
monwealth, employers  and  employed,  the  most  hearty  co-operation  in 
making  the  industrial  display,  which  is  to  be  one  of  the  principal  features 
of  the  celebration,  worthy  the  great  occasion,  the  progressive  spirit  of 
the  age,  and  the  proud  pre-eminence  which  Pennsylvania  occupies  as  an 
industrial  State. 

"  I  recommend  to  our  citizen  soldiery,  organized  not  for  war  but  as  the 
best  preventive  of  war,  to  take  such  part  in  the  exercises  of  the  occasion  as 
may  be  allotted  to  them,  with  a  just  pride  in  the  prestige  which  their 
organization  has  attained. 

"I  recommend  to  all  our  people  to  join  in  the  glad  observance  of 


CONSTITUTIONAL   CENTENNIAL   COMMISSION.  301 

these  days  of  rejoicing,  with  a  grateful  recognition  of  the  fact  that  our 
great  metropolis,  which  is  not  only  the  birthplace  of  the  Declaration 
which  made  our  country  a  possibility,  but  of  the  Constitution  which  has 
made  it  a  fact,  has  also  been  selected  by  general  and  hearty  consent  as 
the  place  where  we  as  a  nation  shall  set  up  the  first  century's  mile-stone 
of  our  existence  and  progress.  Delaware  led  us  in  the  adoption  of  the 
Constitution ;  New  Jersey  led  us  in  the  proposition  for  this  celebration : 
let  no  State  lead  us  in  observance  of  the  great  occasion. 

"  I  also  further  recommend  to  the  clergymen  throughout  the  common- 
wealth that,  so  far  as  they  may  be  able  conveniently  to  do  so,  they  preach 
sermons  appropriate  to  the  occasion  upon  the  Sabbath  immediately  pre- 
ceding or  immediately  following  the  said  celebration,  and  that  they  join 
with  their  congregations  in  humble  and  devout  thanksgiving  to  almighty 
God  for  the  blessings  of  civil  and  religious  liberty  which  he  hath  vouch- 
safed to  us  under  the  Constitution,  and  in  earnest  prayers  for  his  unerr- 
ing guidance  in  the  time  to  come. 

"  GIVEN  UNDER  MY  HAND  AND  THE  GREAT  SEAL  OF 
THE  COMMONWEALTH  at  Harrisburg,  this  twenty- 
second  day  of  August,  in  the  year  of  our  Lord 

[GREAT  SEAL.]  ,,  ,     .  ,.    ,       ,     ,  '     ,     .  ,  , 

one  thousand   eight   hundred    and   eighty-seven, 

and  of  the  commonwealth  the  one  hundred  and 

twelfth. 

"JAMES   A.   BEAVER. 
"  By  the  Governor : 

"  CHARLES  W.  STONE, 

" Secretary  of  the  Commonwealth" 

The  committee  also  supplied  the  associated  press  of  the 
country,  from  time  to  time,  with  such  matter  as  was  calculated  to 
awaken  public  interest  and  arouse  a  feeling  of  pride  in  the  cele- 
bration. 

INVITATIONS   ISSUED. 

The  committee  secured,  through  the  assistance  of  the  com- 
missioners of  the  various  States,  lists  of  citizens  embracing  the 
names  of  descendants  of  the  framers  of  the  Constitution,  promi- 
nent statesmen,  leading  officers  of  the  army  and  navy,  historians, 


HISTORY  OF  THE 

poets,  and  other  writers  distinguished  in  literature,  inventors,  lead- 
ing representatives  of  commerce  and  industry,  bank  presidents, 
railway  presidents,  presidents  of  colleges,  bishops,  divines  of  all 
denominations,  members  of  the  national  and  State  governments 
in  all  their  branches,  heads  of  departments,  representatives  of 
foreign  governments,  consuls,  mayors  of  cities,  members  of  the 
learned  professions,  and  other  citizens  who  had  distinguished 
themselves  in  national  progress.  In  addition  to  the  general 
invitation  to  the  public  announced  in  the  papers,  over  thirteen 
thousand  engraved  invitations  were  sent  out  and  seventy-five  per 
cent,  of  the  responses  were  acceptances.  Certain  special  invita- 
tions were  issued  to  those  high  in  official  station,  both  in  this 
country  and  in  England,  Canada,  and  Mexico,  asking  them  to  be 
the  guests  of  the  Commission.  These  invitations  were  accepted 
by  the  President  and  Mrs.  Cleveland  ;  Executive  Secretary  Colo- 
nel Lament  and  Mrs.  Lament ;  Ex-President  Rutherford  B. 
Hayes ;  Ex-Vice-President  Hannibal  Hamlin  and  Mrs.  Hamlin  ; 
General  Sheridan  and  Mrs.  Sheridan  ;  Commodore  Walker  and 
Mrs.  Walker ;  Hon.  T.  F.  Bayard,  Secretary  of  State ;  Hon. 
Chas.  S.  Fairchild,  Secretary  of  the  Treasury,  and  Mrs.  Fair- 
child  ;  Hon.  Morrison  R.  Waite,  then  Chief  Justice  of  the  United 
States,  and  Mrs.  Waite;  Mr.  Justice  Miller  and  Mrs.  Miller; 
Mr.  Justice  Harlan  and  Mrs.  Harlan ;  Mr.  Justice  Matthews 
and  Mrs.  Matthews ;  Mr.  Justice  Gray ;  Mr.  Justice  Blatchford ; 
the  Hon.  John  J.  Ingalls,  President  of  the  Senate,  and  Mrs. 
Ingalls ;  Hon.  Wm.  M.  Evarts  ;  the  Rt.  Rev.  Henry  C.  Potter ; 
Cardinal  James  Gibbons ;  Jerry  Witherspoon,  D.D.,  Major-Gen- 
eral Schofield ;  Rear-Admiral  Luce ;  Brigadier-General  R.  C. 
Drum,  Adjutant-General  of  the  United  States;  Sir  Lyon  Play- 
fair,  and  the  Marquis  De  Chambrun.  Letters  of  regret  were 
received  from  Hon.  William  C.  Endicott,  Secretary  of  War,  and 
Mrs.  Endicott ;  Hon.  William  C.  Whitney,  Secretary  of  the  Navy, 
and  Mrs.  Whitney;  Hon.  L.  Q.  C.  Lamar,  Secretary  of  the 


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CONSTITUTIONAL   CENTENNIAL  COMMISSION. 


303 


Interior,  and  Mrs.  Lamar  ;  Hon.  William  F.  Vilas,  Postmaster- 
General,  and  Mrs.  Vilas ;  Hon.  A.  H.  Garland,  Attorney-Gen- 
eral ;  Mr.  Justice  Bradley  and  Mrs.  Bradley  ;  Mr.  Justice  Field 
and  Mrs.  Field ;  Admiral  Porter  and  Mrs.  Porter ;  General 
Wm.  T.  Sherman ;  Hon.  John  Sherman  and  Mrs.  Sherman ; 
Hon.  John  G.  Carlisle  and  Mrs.  Carlisle;  Madam  Polk;  Madam 
Tyler ;  Madam  Grant ;  Madam  Garfield  ;  Hon.  Robert  T.  Lin- 
coln ;  Hon.  Hamilton  Fish ;  Hon.  Simon  Cameron ;  Hon.  E. 
Rockwood  Hoar ;  Hon.  George  Bancroft ;  Dr.  Oliver  Wendell 
Holmes  ;  John  G.  Whittier ;  General  Lew  Wallace ;  Hon.  John 
Quincy  Adams ;  Alexander  Hamilton,  Esq.  ;  Brigadier-General 
Tidball ;  Edmund  Clarence  Stedman  ;  Walt  Whitman  ;  Rt.  Hon. 
Wm.  E.  Gladstone ;  Rt.  Hon.  John  Bright ;  Rt.  Hon.  the  Earl  of 
Roseberry ;  the  Most  Hon.  the  Marquis  of  Lansdowne,  G.C.M.G., 
Governor-General  of  Canada ;  Madam,  the  Marchioness  of 
Lansdowne ;  the  Lord  Chief  Justice,  Sir  William,  and  Lady 
Ritchie ;  the  Hon.  Sir  John  A.  McDonald ;  His  Excellency,  Senor 
Don  Praforio  Diaz,  President  of  the  republic  of  Mexico ;  His 
Excellency,  Senor  Don  Ignacio  Mariscal,  minister  of  foreign 
affairs,  and  the  Chief  Justice  of  Mexico. 

Special  invitations  were  issued  to  the  governors  of  all  the 
States  and  Territories,  and  the  following  accepted  and  were 
present  during  the  ceremonies :  Hon.  Benjamin  T.  Biggs,  gov- 
ernor of  Delaware ;  Hon.  John  B.  Gordon,  governor  of  Georgia ; 
Hon.  William  Larrabee,  governor  of  Iowa ;  Hon.  T.  T.  Riddle, 
lieutenant-governor,  acting  for  Governor  John  A.  Martin,  of 
Kansas ;  Hon.  Joseph  R.  Bodwell,  governor  of  Maine ;  Hon. 
Henry  Lloyd,  governor  of  Maryland ;  Hon.  Oliver  Ames,  gover- 
nor of  Massachusetts ;  Hon.  John  M.  Thayer,  governor  of 
Nebraska;  Hon.  Charles  H.  Sawyer,  governor  of  New  Hamp- 
shire ;  Hon.  Robert  S.  Green,  governor  of  New  Jersey ;  Hon. 
David  B.  Hill,  governor  of  New  York ;  Hon.  Alfred  M.  Scales, 
governor  of  North  Carolina ;  Hon.  Joseph  B.  Foraker,  governor 


HISTORY  OF  THE 

of  Ohio ;  Hon.  Sylvester  Pennoyer,  governor  of  Oregon  ;  Hon. 
James  A.  Beaver,  governor  of  Pennsylvania ;  Hon.  J.  W.  Davis, 
governor  of  Rhode  Island ;  Hon.  John  P.  Richardson,  governor 
of  South  Carolina;  Hon.  Fitzhugh  Lee,  governor  of  Virginia; 
Hon.  E.  Willis  Wilson,  governor  of  West  Virginia;  Hon.  S.  P. 
Hughes,  governor  of  Arkansas ;  Hon.  E.  A.  Perry,  governor 
of  Florida ;  Hon.  J.  M.  Rusk,  governor  of  Wisconsin ;  Hon. 
Simon  B.  Buckner,  governor  of  Kentucky ;  Hon.  Phineas  C. 
Lounsbury,  governor  of  Connecticut.  The  governors  were  at- 
tended by  their  staffs  and  cabinet  officers,  and  participated  in  the 
military  display  of  September  16,  as  appears  by  the  account  of 
the  ceremonies  of  that  day. 

Eloquent  letters  of  acceptance  or  declination  were  received, 
among  which  the  most  notable  were  those  of  Mr.  Gladstone  and 
Mr.  Bright.  All  these  were  published  in  the  papers  as  a  means 
of  creating  and  keeping  alive  public  sentiment,  and  selections  and 
extracts  will  be  found  in  a  subsequent  chapter. 

SUB-COMMITTEES. 

Under  the  power  derived  from  the  Commission  to  appoint 
sub-committees  and  associate  with  themselves  persons  to  aid  in 
the  design  and  in  the  prosecution  of  the  work,  the  Executive 
Committee  appointed  the  following  sub-committees,  all  of  which 
actively  co-operated,  and  by  able  and  energetic  management 
contributed  substantially  to  the  success  of  the  celebration. 

The  civic  AND  INDUSTRIAL  DISPLAY  was  placed  under  the 
management  of  COLONEL  A.  LOUDON  SNOWDEN,  as  chief  marshal, 
who  associated  with  him  GENERAL  J.  W.  HOFMANN,  as  deputy 
marshal,  and  appointed  the  following  Executive  Committee  of 
the  Civic  and  Industrial  Department:  Dr.  Wm.  Pepper,  Thos. 
Dolan,  Jas.  Dobson,  Hamilton  Disston,  Wm.  M.  Singerly,  Chas. 
H.  Cramp,  Joel  J.  Baily,  Justus  C.  Strawbridge,  Thomas  Cochran, 
Frank  Thompson. 


8AMUKL  D1CKSON,  ESQ., 

Chairman  of  Committee  ou  Selection  of 

Orator. 

THOMAS  M.  THOMPSON,  ESQ., 
Chairman  of  Committee  on  Reception  of 


COT,.  A.  LOUDON  SNOWDEN, 

Marshal  of  the  Civic  and  Industrial 

Display. 


RICHARD  C.  McMURTRIE,  ESQ., 
Chairman  of  Committee  of  the  Phila- 
delphia Bar. 

C.  J.  CLKBORNE,  M.  D., 
Chairman  of  Medical  Volunteer  Corps. 


W*.  HESKV  LKX,  KHy.. 
rhalrmau  of  Muilcal  Committee. 

W1U.UM  J.  I.ATTA,  KSQ., 

chairman  of  Trat»|M>i  tatimi  ComullU 


OKN.  CLINTON  P.  PAINK, 
Chairman  of  Military  Committee. 


OKN.  JOHN  K.  HARTRANPT, 
Commander  of  Pennsylvania  Troop«. 

COL.  THEODORR  E.  WIEDKRSHF.TM, 

Secretary  of  Military  Committee 

and  Citizen*  Committee. 


CONSTITUTIONAL    CENTENNIAL   COMMISSION.  305 

The  MILITARY  DISPLAY  was    committed  to  the   Military  Com- 
mittee, composed  as  follows : 

Brigadier-General  Clinton  P.  Paine,  Maryland,  Chairman. 
Colonel  Theodore  E.  Wiedersheim,  Pennsylvania,  Secretary. 
Major-General  John  F.  Hartranft,  Division  Commander,  National  Guard  of 

Pennsylvania. 

Major-General  William  S.  Stryker,  Adjutant-General,  New  Jersey. 
Major-General  Josiah  Porter,  Adjutant-General,  New  York. 
Major-General  Henry  A.  Axline,  Adjutant-General,  Ohio. 
Major-General  James  Howard,  Adjutant-General,  Maryland. 
Brigadier-General  James  McDonald,  Adjutant-General,  Virginia. 
Brigadier-General  Daniel  H.  Hastings,  Adjutant-General,  Pennsylvania. 
Brigadier-General  George  R.  Snowden,  commanding  First  Brigade  National 

Guard  of  Pennsylvania. 

Brigadier-General  James  W.  Latta,  ex- Adjutant-General,  Pennsylvania. 
Colonel  Robert  P.  Dechert,  Second  Regiment  Infantry,  National  Guard  of 

Pennsylvania. 
Colonel   S.  Bonnaffon,  Jr.,  Third  Regiment  Infantry,  National  Guard  of 

Pennsylvania. 
Colonel  W.    P.   Bowman,    First   Regiment    Infantry,  National    Guard   of 

Pennsylvania. 
Colonel  George  H.  North,  Assistant  Adjutant-General,  Division  National 

Guard  of  Pennsylvania. 
Major  R.  F.  Cullinan,  Quartermaster   First  Brigade,  National  Guard  of 

Pennsylvania. 

Colonel  Alex.  Krumbhaar,  Assistant  Adjutant-General,  Pennsylvania. 
Colonel  Charles  S.  Green,  Ordnance  Master,  Division  National  Guard  of 

Pennsylvania. 

The  selection  of  an  ORATOR  and  POET  was  committed  to 
Samuel  Dickson,  Esq.,  of  Philadelphia,  who  associated  with  him 
John  Cadwalader  and  Horace  Howard  Furness,  Esqs.,  and  the 
Hon.  Wm.  Strong.  Their  choice  fell  upon  Mr.  Justice  Samuel 
F.  Miller,  of  Iowa,  of  the  Supreme  Court  of  the  United  States, 
as  orator ;  but  invitations  to  act  as  poet  of  the  occasion  having 

VOL  I. — 40 


HISTORY  OF  THE 

been  declined  by  several  gentlemen,  no  selection  of  a  poet  was 

made. 

The  important  matter  of  TRANSPORTATION  was  committed  to 
William  J:  Latta,  chairman,  General  Passenger  Agent  Pennsyl- 
vania Railroad,  and  George  W.  Boyd,  Pennsylvania  Railroad; 
John  W.  Woodside;  C.  G.  Hancock,  Philadelphia  and  Reading 
Railroad;  John  H.  Weeks,  Baltimore  and  Ohio  Railroad;  J.  E. 

Barr. 

The  RECEPTION  OF  GUESTS  and  the  provisions  for  their  accom- 
modation were  committed  to  Thomas  M.  Thompson,  Esq.,  chair- 
man, who  associated  with  him 


George  W.  Childs, 
George  B.  Roberts, 
Anthony  J.  Drexel, 
John  Baird, 
William  Massey, 
Henry  C.  Gibson, 
John  T.  Lewis, 
W.  W.  Frazier, 
Joseph  W.  Lewis, 
D.  B.  Cummins, 
Edward  Shippen, 
B.  K.  Jamison, 
R.  Dale  Benson, 
Wharton  Barker, 
William  Brockie, 
Hon.  Wm.  B.  Hanna, 
Hon.  D.  Newlin  Fell, 
Hon.  Michael  Arnold, 
Aaron  Fries, 


John  C.  Bullitt, 
J.  B.  Sinnott, 
Samuel  Dickson, 
John  Cadwalader, 
Thomas  L.  Gillespie, 
Winthrop  Smith, 
Richard  A.  Lewis, 
Francis  W.  Kennedy, 
Wm.  H.  Lucas, 
Dr.  S.  Weir  Mitchell, 
George  H.  Stuart, 
Col.  Chas.  H.  Banes, 
William  Waterall, 
Samuel  Lees, 
William  Wood, 
Wm.  S.  Reyburn, 
John  W.  Woodside, 
F.  B.  Reeves, 
Walter  G.  Wilson, 
John  Huggard. 


Charles  J.  Harrah, 
Alex.  P.  Brown, 
John  W.  Patton, 
Thomas  C.  Else, 
George  Watson, 
W.  T.  Carter, 
W.  E.  Garrett, 
Wm.  J.  Lloyd, 
Andrew  Wheeler, 
David  W.  Sellers, 
Wm.  H.  Hurley, 
Wm.  H.  Staake, 
Lewis  A.  Thompson, 
Mason  Hirsh, 
James  A.  Freeman, 
John  C.  Kelly, 
Dr.  Da  Costa, 
Jos.  F.  Tobias, 
W.  C.  Houston,  Jr., 


The  MUSICAL  features  of  the  entertainment  were  committed  to 
William  Henry  Lex,  Esq.,  as  chairman,  and  George  P.  Kimball 
and  Simon  Gratz,  Esqs.  George  C.  Thomas,  of  Drexel  &  Co., 


HON.  EDWIN  H.  FITLKR, 
Mayor  of  Philadelphia. 

HON.  JOHN  BARDSI.Ey, 

Chairman  of  Joint  Committee  of  the 

Councils  of  Philadelphia. 


HON.  JAS.  A.  BRAVER, 
Governor  of  Pennsylvania. 


COL.  JESSE  E.  PEYTON, 
Father  of  the  Celebration. 

HON.  JOHN  E.  REYBURN, 
[airman  of  Joint  Committee  of  the 
Legislature  of  Pennsylvania. 


CONSTITUTIONAL   CENTENNIAL  COMMISSION. 


307 


was  chosen  as  treasurer,  and  Joel  J.  Baily  as  chairman,  of  the 
FINANCE  COMMITTEE,  with  Amos  R.  Little,  Hamilton  Disston, 
Theo.  E.  Wiedersheim,  Winthrop  Smith,  and  John  W.  Woodside 
as  associates. 

The  following  committees  served  as  auxiliaries  : 


COMMITTEE  OF  THE   PHILADELPHIA  BAR. 

Richard  C.  McMurtrie,  Esq.,  Chairman.         Joseph  B.  Townsend,  Treasurer. 
Samuel  W.  Pennypacker,  Secretary. 


Edward  Shippen, 
George  M.  Dallas, 
Wm.  Rotch  Wister, 
John  Cadwalader, 
Geo.  Tucker  Bispham, 
A.  Sydney  Biddle, 
Thomas  J.  Diehl, 
Wm.  Brooke  Rawle, 
Robert  Ralston, 


Henry  M.  Hoyt, 
Lewis  C.  Cassidy, 
Henry  Flanders, 
J.  Granville  Leach, 
Victor  Guillou, 
James  Otterson, 
W.  Herbert  Washington, 
Wm.  M.  Meredith, 
Isaac  Elwell, 


Wm.  Heyward  Drayton, 
Samuel  Dickson, 
Hampton  L.  Carson, 
David  W.  Sellers, 
Ludovic  C.  Cleemann, 
George  S.  Graham, 
Samuel  S.  Hollingsworth, 
Charles  F.  Warwick, 
A.  Haller  Gross. 


CITIZENS'   COMMITTEE. 

Thomas  Cochran,  Chairman.  Theodore  E.  Wiedersheim,  Secretary. 

Hon.  Edwin  H.  Fitler,       Allen  B.  Rorke,  John  Huggard, 


A.  J.  Drexel, 
Amos  R.  Little, 
Joel  J.  Baily, 
James  A.  Wright, 
George  W.  Childs, 
John  Wanamaker, 
Henry  C.  Gibson, 
Caleb  Cope, 
John  C.  Bullitt, 


Hon.  Andrew  G.  Curtin,    F.  Oden  Horstmann, 


Joseph  J.  Martin, 
John  L.  Lawson, 
A.  Haller  Gross, 
Samuel  G.  Thompson, 
Hon.  James  Pollock, 
W.  C.  Pearse, 
John  Field, 


John  T.  Bailey, 
Charles  E.  Pugh, 
Benjamin  Thackara, 
Charles  B.  Baeder, 
D.  B.  Cummins, 
Craige  Lippincott, 
Joseph  L.  Caven, 
Joseph  B.  Townsend, 


William  Wood, 

Pemberton  S.  Hutchinson,  Col.  Thomas  Potter,  Jr.,  B.  Frank  Clyde, 

Joseph  Patterson,  C.  E.  Shull,  William  Platt  Pepper, 

Thomas  Dolan,  Clement  M.  Biddle,  Hon.  Michael  Arnold, 


308 

Frederick  Fraley, 
Lemuel  Coffin, 
Charles  J.  Harrah, 
William  Weightman, 
Charles  Emory  Smith, 
Alexander  Brown, 
George  B.  Roberts, 
Joseph  W.  Lewis, 
Edward  Longstreth, 
R.  D.  Wood, 
William  T.  Carter, 
Hon.  Richard  Vaux, 
H.  H.  Houston, 
Thomas  M.  Thompson, 
Horace  Howard  Furness, 
William  M.  Singerly, 
Hon.  Daniel  M.  Fox, 
Edward  T.  Steel, 
Edward  C.  Knight, 
William  H.  Rhawn, 
M.  P.  Handy, 
George  Burnham, 
William  C.  Allison, 
Col.  R.  Dale  Benson, 
William  Sellers, 
Thomas  L.  Gillespie, 
Gen.  John  F.  Hartranft, 
Thomas  G.  Hood, 
Col.  A.  K.  McClure, 
Alexander  Biddle, 
Hampton  L.  Carson, 
Theodore  C.  Search, 
Hamilton  Disston, 
George  Philler, 
John  H.  Michener, 
Winthrop  Smith, 


HISTORY  OF  THE 

William  V.  McKcan, 
Frank  M.  Etting, 
John  Lowber  Welsh, 
Hon.  Henry  M.  Hoyt, 
Hon.  William  B.  Smith, 
Col.  John  H.  Taggart, 
Henry  Carey  Baird, 
William  M.  Bunn, 
Andrew  M.  Moore, 
E.  W.  Clark, 
Simon  Gratz, 
Thomas  MacKellar, 
John  F.  Smith, 
Charles  E.  School, 
Gen.  James  W.  Latta, 
George  H.  McFadden, 
William  F.  Harrity, 
Gen.  W.  H.  H.  Davis, 
Andrew  H.  Dill, 
Thomas  Fitzgerald, 
George  DeB.  Keim, 
Ferdinand  J.  Dreer, 
Charles  Platt, 
J.  G.  Darlington, 
Seth  B.  Stitt, 
Dr.  E.  Morwitz, 
John  E.  Graeff, 
Alan  H.  Reed, 
J.  Robley  Dunglison, 
James  H.  Windrim. 
W.  W.  Justice, 
B.  H.  Bartol, 
Hon.  A.  C.  Harmer, 
Henry  Townsend, 
Thomas  H.  Green, 
John  Markoe, 


Beauveau  Borie, 
John  B.  Garrett, 
Thomas  McKean, 
James  S.  Mason, 
Conyers  Button, 
Caleb  J.  Milne, 
David  H.  Lane, 
John  H.  Converse, 
George  A.  Colket, 
John  H.  Catherwood, 
Edward  S.  Clarke, 
Joseph  F.  Page, 
J.  Vaughn  Merrick, 
J.  C.  Fuller, 
Augustus  G.  Heaton, 
Meyer  Sulzberger, 
J.  R.  Claghorn, 
Hon.  Charles  O'Neill, 
George  M.  Troutman, 
Charles  O.  Baird, 
William  P.  Ellison, 
J.  R.  Fell, 
Charles  Smith, 
Major  William  Struthers, 
Henry  D.  Welsh, 
Robert  Shoemaker, 
George  A.  Heyl, 
Dell  Noblit, 
Charles  F.  Berwind, 
Wharton  Barker, 
John  B.  Stetson, 
Charlemagne  Tower, 
Charles  B.  Wright, 
George  Campbell, 
Henry  Whelen, 
John  B.  Myers, 


CONSTITUTIONAL   CENTENNIAL  COMMISSION. 


309 


Benjamin  H.  Shoemaker, 
Charles  E.  Warburton, 
Col.  Charles  H.  Banes, 
William  J.  Latta, 
John  Cadwalader, 
Dr.  William  Pepper, 
John  Price  Wetherill, 
Thomas  H.  Dudley, 
Clayton  McMichael, 
N.  Parker  Shortridge, 
Frederick  D.  Stone, 
David  G.  Yates, 
Bushrod  W.  Adams, 
William  Brockie, 
Walter  Wood, 
John  Lucas, 
B.  K.  Jamison, 
William  W.  Harding, 
Thomas  S.  Harrison, 
Justus  C.  Strawbridge, 
J.  Weslee  Supplee, 
Edward  Shippen, 
Samuel  C.  Perkins, 
Col.  Silas  W.  Pettit, 
Joseph  P.  Sinnott, 
Hon.  Samuel  J.  Randall, 
Hon.  Leonard  Myers, 
Edward  L.  Hopkins, 
Col.  Francis  J.  Crilly, 
Alexander  M.  Fox, 
Abraham  Barker, 
Joseph  Moore,  Jr., 
James  McManes, 
Samuel  Field, 
B.  Andrews  Knight, 
William  Rotch  Wister, 


Frederick  Graff, 
Daniel  Dougherty, 
Hugh  DeHaven, 
Daniel  Donovan, 
S.  Emlen  Meigs, 
Lincoln  Godfrey, 
Stephen  Greene, 
William  E.  Littleton, 
Samuel  B.  Huey, 
Hon.  William  D.  Kelley, 
E.  W.  Bailey, 
Frank  W.  Murphy, 
Hugh  A.  Mullen, 
Conrad  B.  Day, 

B.  B.  Comegys, 
A.  M.  Collins, 

C.  G.  Hancock, 
John  H.  Weeks, 
J.  E.  Barr, 
Francis  B.  Reeves, 
William  Henry  Lex, 
George  P.  Kimball, 
George  Hincken, 
Col.  George  H.  North, 
Hon.  Robert  E.  Pattison, 
J.  Albert  Caldwell, 
Andrew  J.  Sloan, 

W.  W.  Frazier, 

W.  E.  Garrett, 

John  T.  Lewis, 

R.  C.  McMurtrie, 

Hon.  William  B.  Hanna, 

Hon.  D.  Newlin  Fell, 

Aaron  Fries, 

John  W.  Patton, 

Thomas  C.  Else, 


William  G.  Warden, 
Robert  Dornan, 
Isaac  A.  Sheppard, 
James  V.  Watson, 
William  Henry  Rawle, 
Thomas  A.  Biddle, 
Col.  S.  Bonnaffon,  Jr., 
William  L.  Elkins, 
John  G.  Reading, 
Frank  Thompson, 
Hon.  George  H.  Boker, 
James  Spear, 
Jacob  Naylor, 
Henry  Winsor, 
Joseph  T.  Potts, 
S.  Emlen  Meigs, 
A.  J.  Antelo, 
Charles  S.  Lewis, 
Lindley  Smyth, 
Stephen  A.  Caldwell, 
Samuel  R.  Shipley, 
Henry  M.  Dechert, 
Clayton  French, 
John  Gardiner, 
William  Massey, 
Samuel  Dickson, 
John  H.  Rigney, 
Capt.  R.  S.  Collum, 
Dr.  J.  D.  Thomas, 
Col.  W.  P.  Bowman, 
Charles  W.  Henry, 
E.  P.  Allinson, 
P.  A.  B.  Widener, 
Henry  S.  Cattell, 
M.  Guggenheim, 
Thomas  E.  Cornish, 


3io 

George  McGowan, 
Hon.  H.  H.  Bingham, 
Samuel  B.  Brown, 
William  J.  Lloyd, 
Joseph  F.  Tobias, 
Robert  S.  Davis, 
Andrew  Wheeler, 
Gen.  E.  Burd  Grubb, 
J.  Lowrie  Bell, 
Clarence  S.  Bement, 
William  C.  Houston,  Jr., 
William  A.  Dick, 
Alexander  P.  Colesberry, 
Gibson  Peacock, 
James  Gibson, 
John  Baird, 
Charles  H.  Cramp, 
Henry  C.  Lea, 
John  Mundell, 
Dennis  F.  Dealy, 
Col.  Walter  G.  Wilson, 
T.  Morris  Perot, 
J.  G.  Rosengarten, 
Clement  A.  Griscom, 
James  Moore, 
William  H.  Hurley, 
W.  H.  C.  Hargreaves, 
Alexander  P.  Brown, 
J.  W.  Woodside, 
Benjamin  Reiff, 


HISTORY  OF  THE 

George  Watson, 
David  W.  Sellers, 
Richard  A.  Lewis, 
Francis  W.  Kennedy, 
William  M.  Runk, 
George  W.  Banks, 
Gen.  George  R.  Snowden, 
John  T.  Morris, 
William  H.  Nixon, 
Eben  C.  Jayne, 
William  H.  Kemble, 
Hon.  Samuel  G.  King, 
George  Morrison  Coates, 
Charles  Lennig, 
Charles  Sharpless, 
S.  Davis  Page, 
John  M.  Campbell, 
Joseph  B.  Baker, 
William  H.  Lucas, 
Dr.  S.  Weir  Mitchell, 
George  H.  Stuart, 
William  Waterall, 
Samuel  Lees, 
William  S.  Reyburn, 
William  H.  Staake, 
Lewis  A.  Thompson, 
John  C.  Kelly, 
Mason  Hirsh, 
James  A.  Freeman, 
Dr.  Jacob  Da  Costa, 
J.  Storm  Patterson. 


Thomas  Donaldson, 
Col.  R.  P.  Dechert, 
Edward  L.  Levy, 
Jacob  Neafie, 
E.  P.  Kershaw, 
A.  Hunt, 

William  Simpson,  Jr., 
George  W.  Weikel, 
Frank  P.  Nicholson, 
Major  R.  Cullinan, 
Charles  H.  Howell, 
Augustus  R.  Hall, 
Edwin  S.  Stuart, 
Col.  Alex.  Krumbhaar, 
G.  Frederick  Jordan, 
J.  Howard  Mencke, 
Godfrey  Keebler, 
Stuart  Wood, 
Nathan  Myers, 
John  McArthur,  Jr., 
Simon  Muhr, 
S.  B.  Fleisher, 
Col.  Charles  S.  Greene, 
William  S.  Stewart, 
Moses  A.  Dropsie, 
James  M.  Hibbs, 
E.  O.  Thompson, 
T.  Broome  Belfield, 
John  J.  Stadiger, 
Samuel  Wagner, 


CONSTITUTIONAL   CENTENNIAL   COMMISSION. 


THE   COMMITTEE   OF  THE   LEGISLATURE   OF 
PENNSYLVANIA. 

Hon.  John  E.  Reyburn,  Chairman  of  Joint  Committee. 


SENATE. 

Hon.  George  Handy  Smith 
Hon.  John  E.  Reyburn 
Hon.  Boies  Penrose    . 
Hon.  John  C.  Grady  . 
Hon.  Henry  S.  Taylor 
Hon.  George  F.  Huff. 
Hon.  Thomas  B.  Schnatterly 
Hon.  Amos  H.  Mylin 


Philadelphia  County. 
Philadelphia  County. 
Philadelphia  County. 
Philadelphia  County. 
Philadelphia  County. 
Westmoreland  County. 
Fayette  and  Greene  Counties. 
Lancaster  County. 


HOUSE. 


Hon.  H.  K.  Boyer      . 
Hon.  J.  Ridgway  Wright 
Hon.  John  B.  Robinson 
Hon.  A.  A.  Clay 
Hon.  Thomas  H.  Capp 
Hon.  R.  Patterson 
Hon.  George  Worman 
Hon.  Silas  Stevenson . 


Philadelphia  County. 
Luzerne  County. 
Delaware  County. 
Elk  County. 
Lebanon  County. 
Philadelphia  County. 
Philadelphia  County 
Lawrence  County. 


THE   COMMITTEE    OF    THE    COUNCILS   OF    PHILADELPHIA. 


John  R.  Lloyd, 
Charles  Roberts. 
J.  Dallas  Hall, 
Harold  Mann, 
W.  C.  Mackie, 
Jos.  D.  Murphy, 
John  E.  Hanifen, 


Hon.  John  Bardsley,  Chairman. 


James  Moran, 
Charles  Lawrence, 
John  H.  Graham, 
Edwin  S.  Stuart, 
A.  Ellwood  Jones, 
Theodore  M.  Etting, 
Edward  Mathews, 


George  D.  Scherr, 
George  L.  Horn, 
James  A.  Freeman, 
William  Moffett,  M.D., 
James  R.  Gates, 
John  Eckstein,  Clerk, 
Jos.  H.  Paist,  Clerk. 


HISTORY  OF  THE 


THE   COMMITTEE   OF  THE   PRESS. 

M.  P.  Handy,  Chairman        .        .  The  Daily  News. 

G.  W.  Childs          ....  The  Public  Ledger. 

Charles  Emory  Smith    .  .  The  Press. 

W.  M.  Singerly      .         .         .         -The  Record. 

Alex.  K.  McClure  .  .The  Times. 

Charles  E.  Warburton    .         .         .The  Evening  Telegraph. 

Clayton  McMichael        .         .         .  The  North  American. 

Wm.  W.  Harding  .         .         .  The  Philadelphia  Inquirer. 

Robert  S.  Davis     .         .     }  >         .  The  Evening  Call. 

Gibson  Peacock     .         .         .         .  The  Evening  Bulletin. 

Dennis  F.  Dealy    .         .         .         .The  Herald. 

W.  H.  C.  Hargreaves     .         .         .  The  Associated  Press. 

W.  C.  Pearse         ....  The  United  Press  Association. 

C.  E.  Shull     .....  The  Press  News  Association. 

Col.  John  H.  Taggart     .         .         .  The  Sunday  Times. 

Hon.  Wm.  M.  Bunn       .         .         .  The  Sunday  Transcript. 

Chas.  E.  School     ....  The  Evening  Star. 

Col.  Thomas  Fitzgerald.         .         .  The  Item. 

Dr.  E.  Morwitz       ....  The  German  Democrat. 

J.  Robley  Dunglison      .         .         .  The  Sunday  Republic. 

Hugh  A.  Mullen    ....  The  Sunday  World. 

George  Hincken    ....  The  Sunday  Dispatch. 

Special  acknowledgment  is  due  to  the  Associated  Press,  the 
United  Press  Association,  the  Press  News  Association,  and  the 
local  press  of  Philadelphia  and  of  Pennsylvania  for  their  diligent 
promotion  of  the  cause  without  cost  to  the  Commission. 

Acknowledgment  is  also  due  to  the  Western  Union  Telegraph 
Company  and  the  Bell  Telephone  Company,  which  placed  their 
wires  at  the  service  of  the  Commission  and  of  its  sub-committees 
without  cost  to  the  Commission. 

A  red  cross  service  was  also  organized  by  the  formation  of  a 
Volunteer  Medical  Corps,  for  service  during  the  entire  period 


CONSTITUTIONAL   CENTENNIAL   COMMISSION.  313 

of  the  celebration,  which  was  placed  under  the  exclusive  control 
of  a  medical  director.  Medical-Inspector  C.  J.  Cleborne,  of  the 
United  States  navy,  was  duly  commissioned  as  chairman  of 
the  Medical  Committee,  and  with  the  aid  of  his  associates  dis- 
charged his  duties  in  a  manner  so  satisfactory  as  to  add  additional 
renown  to  that  already  justly  enjoyed  by  Philadelphia  as  a  city 
pre-eminent  for  medical  and  surgical  skill. 

By  the  machinery  thus  indicated  the  Executive  Committee 
prosecuted  the  designs  of  the  Commission  as  outlined  in  the  pro- 
gramme adopted  in  December,  1886.  An  account  of  the  work  of 
each  sub-committee  cannot  be  attempted  here,  as  it  would  in- 
volve substantially  a  description  of  the  display  and  ceremonies  of 
each  day.  That  of  the  marshal  and  chairman  of  the  Civic  and 
Industrial  Department  will  be  found  in  the  account  of  the  trades' 
display  of  September  1 5  ;  that  of  the  Military  Committee  in  the 
description  of  the  military  display  of  September  1 6  ;  that  of  the 
Committee  on  the  Selection  of  the  Orator,  and  of  the  Committee 
on  Music,  in  the  description  of  the  ceremonies  in  the  square  of 
Independence  on  September  17  ;  the  work  of  the  Committee  on 
Finance  has  been  already  stated ;  the  reports  of  the  Committee 
on  Transportation,  of  the  Committee  on  Reception,  and  of  the 
medical  director  of  the  Volunteer  Medical  Corps  will  be  found 
in  subsequent  sections ;  while  the  work  of  the  auxiliary  com- 
mittees, which  was  unofficial  in  its  character,  will  be  found  em- 
braced in  the  account  of  the  banquets,  entertainments,  and  re- 
ceptions which  attended  and  followed  the  celebration  itself. 

After  the  adjournment  of  the  Commission  in  December,  1886, 
and  in  response  to  the  letters  addressed  to  the  governors  of  the 
States  and  Territories  who  had  not  then  appointed  a  commis- 
sioner, urging  them  to  make  a  suitable  appointment,  the  following 
gentlemen  were  named  as  commissioners :  Hon.  Chas.  E.  Fenner, 
of  Louisiana;  Hon.  E.  B.  Purcell,  of  Kansas;  Hon.  James  C. 
Tappan,  of  Arkansas  ;  Hon.  Alexander  Ramsey,  of  Minnesota ; 

VOL.   I. — 41 


3"4 


HISTORY  OF  THE 


Hon.  M.  F.  Mott,  of  Texas ;  Dr.  William  B.  Lapham,  of  Maine ; 
Hon.  Charles  D.  Long,  of  Michigan,  vice  Hon.  James  V.  Camp- 
bell, who  had  resigned ;  Hon.  Samuel  W.  Williams,  of  Arkansas, 
vice  James  C.  Tappan,  who  resigned ;  Hon.  Oscar  R.  Hundley, 
of  Alabama  ;  Hon.  John  Jameson,  of  Illinois,  vice  John  M.  Palmer, 
who  resigned ;  Hon.  L.  E.  Chittenden,  of  Vermont ;  Hon.  Sylves- 
ter Pennoyer,  of  Oregon,  vice  Henry  C.  Failing,  who  resigned ; 
Hon.  Richard  Mackintosh,  of  Utah ;  Hon.  Wm.  M.  Robertson,  of 
Nebraska ;  Hon.  Thomas  Carroll,  of  Washington  Territory  ;  Hon. 
Murat  Masterson,  of  New  Mexico ;  and  Hon.  Samuel  Henszey, 
of  Arizona. 

The  following  is  a  complete  list  of 


THE   CONSTITUTIONAL   CENTENNIAL 

JOHN  A.  KASSON,  President 

OSCAR  R.  HUNDLEY 

SAMUEL  A.  HENSZEY 

SAMUEL  W.  WILLIAMS,  vice  JAMES  C.  TAPPAN  . 

HENRY  C.  ROBINSON 

N.  G.  ORDWAY 

JOHN  H.  RODNEY 

J.  J.  FINLEY 

JOHN  HAILEY 

JOHN  JAMESON,  vice  JOHN  M.  PALMER 

CHARLES  H.  REEVE 

E.  B.  PURCELL 

CHARLES  E.  FENNER 

WILLIAM  B.  LAPHAM 

HENRY  CABOT  LODGE 

CLINTON  P.  PAINE 

CHARLES  D.  LONG,  vice  JAMES  V.  CAMPBELL     . 

ALEX.  RAMSEY 

MARCELLUS  GREEN 

THOMAS  T.  GANTT 

EDWARD  W.  KNIGHT 


COMMISSION. 

Iowa. 

Alabama. 

Arizona. 

Arkansas. 

Connecticut. 

Dakota. 

Delaware. 

Florida. 

Idaho. 

Illinois. 

Indiana. 

Kansas. 

Louisiana. 

Maine. 

Massachusetts. 

Maryland. 

Michigan. 

Minnesota. 

Mississippi. 

Missouri. 

Montana. 


CONSTITUTIONAL   CENTENNIAL    COMMISSION. 


315 


WM.  M.  ROBERTSON  ......  .  Nebraska 

BENJAMIN  A.  KIMBALL New  Hampshire. 

CHARLES  G.  GARRISON New  Jersey. 

MURAT  MASTERSON  . New  Mexico. 

EDWARD  F.  JONES New  York. 

LEWIN  W.  BARRINGER North  Carolina. 

ALFRED  T.  GOSHORN Ohio. 

SYLVESTER  PENNOYER,  vice  HENRY  C.  FAILING  .        .  Oregon. 

AMOS  R.  LITTLE Pennsylvania. 

ROWLAND  HAZARD Rhode  Island. 

JAMES  A.  HOYT South  Carolina. 

JAMES  D.  RICHARDSON Tennessee. 

M.  F.  MOTT Texas. 

RICHARD  MACKINTOSH Utah. 

L.  E.  CHITTENDEN Vermont. 

WILLIAM  WIRT  HENRY Virginia. 

THOMAS  CARROLL Washington  Territory. 

D.  B.  LUCAS West  Virginia. 

WILLIAM  H.  HOLLIDAY Wyoming. 

HAMPTON  L.  CARSON,  Secretary .....  Pennsylvania. 
F.  C.  BREWSTER,  Jr.,  Corresponding  Secretary    .         .  Pennsylvania. 

No  appointments  were  made  by  California,  Colorado,  Wiscon- 
sin, Kentucky,  Alaska,  Indian  Territory,  or  the  District  of  Colum- 
bia. It  is  believed  that  at  the  last  moment  a  gentleman  was  com- 
missioned to  represent  Georgia,  but  the  appointee  never  filed  his 
credentials  or  took  his  seat  in  the  Constitutional  Centennial 
Commission. 

The  Commission  held  a  meeting  on  the  evening  of  September 
14,  1887,  in  Parlor  C,  of  the  Continental  Hotel,  in  Philadelphia, 
where  the  following  proceedings  took  place. 

The  meeting  was  called  to  order  at  8.30  o'clock,  President 
JOHN  A.  KASSON  in  the  chair. 

The  secretary  called  the  roll,  and  the  following  members  re- 


HISTORY  OF  THE 

spondee!:  Mr.  Hundley,  of  Alabama;  Mr.  Robinson,  of  Con- 
necticut; Mr.  Rodney,  of  Delaware;  Mr.  Reeve,  of  Indiana; 
Mr.  Kasson,  of  Iowa ;  Mr.  Purcell,  of  Kansas  ;  Mr.  Fenner,  of 
Louisiana;  Dr.  Lapham,  of  Maine;  Mr.  Paine,  of  Maryland; 
Mr.  Lodge,  of  Massachusetts;  Mr.  Long,  of  Michigan;  Mr. 
Ramsey,  of  Minnesota ;  Mr.  Green,  of  Mississippi ;  Mr.  Gantt, 
of  Missouri ;  Mr.  Robertson,  of  Nebraska ;  Mr.  Kimball,  of  New 
Hampshire;  Mr.  Garrison,  of  New  Jersey;  Mr.  Barringer,  of 
North  Carolina ;  Mr.  Goshorn,  of  Ohio  ;  Mr.  Little,  of  Pennsyl- 
vania;  Mr.  Chittenden,  of  Vermont;  Mr.  Henry,  of  Virginia;  Mr. 
Henszey,  of  Arizona ;  Mr.  Mackintosh,  of  Utah. 

The  PRESIDENT.  I  have  to  inform  the  Commission  that  the 
governor  of  the  State  of  Michigan  has  appointed  two  gentlemen 
from  that  State,  one  in  addition  to  Mr.  Long ;  the  other  gentle- 
man, Mr.  Attwood,  is  present,  and  if  there  should  be  no  objection 
on  the  part  of  the  commissioners  we  should  feel  it  our  duty  to 
recognize  that  appointment  on  the  part  of  the  governor,  and  enter 
him  as  an  additional  commissioner.  Is  there  any  objection, 
gentlemen,  to  that  disposition  ?  If  not,  the  name  will  be  entered 
upon  the  list  as  an  additional  commissioner. 

Mr.  GANTT.     Mr.  President,  have  we  the  right  to  do  that? 

The  PRESIDENT.  That  is  the  question  which  I  submit  to  the 
Commission.  If  it  is  desired,  I  will  have  the  commission  read. 

Mr.  GANTT.  Mr.  President,  I  think  that,  inasmuch  as  the 
meeting  of  the  governors  last  September  contemplated  the 
appointment  by  the  governors  of  the  several  States  of  but  one 
delegate,  it  is  rather  outside  of  our  prerogative  to  take  action  of 
this  kind,  and  I  am  not  certain,  sir,  but  that  I  am  a  little  jealous  in 
this  matter.  I  think,  under  the  circumstances,  that  the  one  com- 
missioner, representing  one  State  and  Territory,  does  not  wish  to 
lessen  his  importance  upon  this  occasion. 

The  PRESIDENT.  I  ought  to  state,  in  candor,  that  I  remember 
now  that  the  word  used  by  the  governor  in  the  commission  given 


CONSTITUTIONAL   CENTENNIAL   COMMISSION.  317 

to  Mr.  Attwood  is  not  "commissioner,"  but  "delegate."  I  am 
bound  in  frankness  to  state  that  to  the  Commission. 

Mr.  RAMSEY.     Is  the  delegate  here,  Mr.  President? 

The  PRESIDENT.  Yes,  both  are  here  ;  and  I  further  wish  to  say 
that,  while  I  agree  with  Colonel  Gantt  that  the  original  resolution 
adopted  at  the  September  convention  contemplated  but  the  one 
commissioner,  I  should  be  glad  to  show  all  the  courtesies  to  all 
the  gentlemen  so  treated  by  the  governors,  and  give  them  places 
for  viewing  the  ceremonies,  etc. ;  and  if  either  of  the  gentlemen 
from  Michigan  wish  to  say  anything  on  this  subject  we  should  be 
glad  to  hear  from  him. 

Mr.  LONG.  Mr.  President,  Judge  Campbell  was  originally 
appointed  commissioner  from  Michigan.  He  found  that  his 
business  engagements  were  such  as  to  make  it  impossible  for  him 
to  attend,  and  the  governor  appointed  me  as  commissioner  in  his 
stead.  In  a  conversation  with  the  governor,  had  a  few  days  after 
my  appointment,  he  remarked  to  me  that  he  would  like  to  have 
Mr.  Attwood  go  to  Philadelphia  with  me.  He  said,  "  I  would  like 
to  make  him  an  additional  commissioner,"  and  until  my  arrival  here 
to-day  Mr.  Attwood  supposed  that  he  was  named  in  that  commis' 
sion  as  an  "  additional  commissioner,"  but  I  now  notice  that  he  is 
named  as  a  "  delegate."  I  think  the  governor  had  the  idea,  how- 
ever, at  the  time  of  Mr.  Attwood's  appointment,  that  he  was 
appointing  him  as  an  additional  commissioner.  Of  course  I  do 
not  desire  to  press  that  question  upon  the  Commission  here,  or  to 
beg  favors  for  Michigan  which  cannot  be  extended  to  gentlemen 
from  each  State.  But  I  am  anxious  that  Mr.  Attwood  should  have 
such  courtesies  extended  to  him  as  the  Commission  may  deem 
proper.  I  should  be  very  glad  if  he  could  be  admitted  as  com- 
missioner, but  I  am  not  in  a  position  to  insist  upon  that  at  this 
moment. 

The  PRESIDENT.  Will  the  secretary  read  the  original  resolution 
adopted  at  the  meeting  of  the  governors  in  September,  1886? 


HISTORY  OF  THE 
The  secretary  read  as  follows : 

"  Be  it  Resolved,  By  the  governors  and  representatives  of  the  colonial 
States  in  meeting  assembled,  that  the  Federal  government,  and  each  State 
and  Territory  of  the  Union,  be  invited  to  unite  in  preparations  for  a  proper 
celebration,  to  be  held  at  Philadelphia,  upon  the  seventeenth  day  of  Septem- 
ber, A.D.  1887;  that  this  body  communicate,  through  its  chairman  and 
secretary,  with  the  President  of  the  United  States  and  with  the  governors 
of  the  States  and  Territories,  and  request  them  to  appoint  a  delegate  to 
meet  in  Philadelphia  on  Thursday,  the  second  day  of  December,  A.D.  1886; 
said  delegates  to  organize  as  a  permanent  organization,  with  power  to  devise 
such  plans  and  measures  as  will  in  their  judgment  secure  a  celebration 
worthy  of  so  great  an  event." 

Mr.  RAMSEY.  I  suppose  the  whole  difficulty  has  grown  out  of 
the  fact  that  the  governors  have  not  understood  their  duty  in  the 
matter.  I  suppose,  as  the  gentlemen  have  come  from  a  distance, 
and  the  compensation  is  not  so  very  large,  that  we  should  do  the 
courteous  thing  by  these  gentlemen  as  auxiliaries. 

Mr.  GARRISON.  This  has  evidently  been  the  result  of  a  mis- 
understanding on  the  part  of  the  governors.  I  move  that  the  gen- 
tlemen who  may  have  been  named  by  the  governor  of  any  State 
or  Territory  as  an  additional  commissioner  or  delegate,  or  to  rep- 
resent the  governor  in  his  absence,  be  deemed  the  special  guests 
of  this  Commission. 

The  PRESIDENT.  This  has  reference  to  those  States  and  Terri- 
tories that  have  sent  more  than  one  representative  ? 

Mr.  GARRISON.  Yes,  sir.  I  suppose  there  is  no  authority,  nor 
is  there  any  power  given  to  this  body,  to  admit  them  as  commis- 
sioners, but  these  gentlemen  are  here  in  a  peculiar  position,  and 
it  seems  to  me  that  the  Commission  will  do  no  less  than  assign 
them  a  position  which  we  alone  can  give  them,  and  that  is  to  con- 
sider them  the  special  guests  of  the  Commission. 

Mr.  RAMSEY.  Will  the  chair  say  how  many  States  are  in  this 
predicament  ? 


CONSTITUTIONAL   CENTENNIAL   COMMISSION.  319 

The  PRESIDENT.  At  present  I  know  of  three, — Michigan,  Lou- 
isiana, and  Georgia, — and  I  learn  from  the  secretary  that  the  gov- 
ernor of  Georgia  means  to  compliment  various  persons  by  giving 
them  commissions. 

Mr.  GANTT  seconded  the  motion  of  the  gentleman  from  New 
Jersey. 

The  motion  was  carried. 

On  motion  of  Mr.  REEVE,  Mr.  Attwood,  of  Michigan,  was  in- 
vited to  remain  during  the  proceedings. 

The  PRESIDENT.  The  secretary  will  now  read  the  report  of 
what  has  been  done  by  your  officers  since  the  last  meeting. 

The  report  was  read. 

Mr.  CHITTENDEN.  Mr.  President,  I  rise  simply  to  ask  whether 
this  report  will  be  printed,  and  appear  in  a  regularly  published 
volume  of  the  proceedings  of  the  Commission  ? 

The  PRESIDENT.     Probably. 

Mr.  CHITTENDEN.  It  seems  to  me  it  is  a  report  calculated  to 
do  a  great  deal  of  good,  and  it  should  have  a  very  extended  circu- 
lation. 

On  the  motion  of  the  gentleman  from  Vermont,  the  report 
as  read  was  adopted.  As  it  has  been  substantially  embodied  in 
this  history  of  the  Commission,  it  is  not  reprinted  here. 

The  PRESIDENT.  The  chairman  will  call  the  attention  of  the 
Commission  a  little  further  to  the  gentlemen  whose  services  have 
been  really  invaluable  to  the  work  of  the  Commission,  and  it 
becomes  my  duty — and  I  but  voice  the  sentiment  of  my  friend 
who  sits  beside  me  (Mr.  Little) — to  commend  to  you,  for  the 
valuable  aid  they  have  rendered  us,  Colonel  A.  Loudon  Snowden, 
Mr.  Thomas  Cochran,  Mr.  Joel  J.  Baily,  Mr.  Lex,  Colonel 
Wiedersheim,  Mr.  Thompson,  Mr.  Latta,  and  some  other  gentle- 
men, and  if  any  of  the  commissioners  deem  it  proper  to  submit 
resolutions  instructing  our  secretary  to  communicate  to  them  the 
thanks  of  the  Commission,  and  its  appreciation  of  their  services,  it 


-,20  HISTORY  OF  THE 

will  give  great  pleasure  to  the  officers,  who  know  that  the  aid  ren- 
dered by  them  has  not  only  been  invaluable,  but  even  indispen- 
sable. It  really  is  not  easy  to  give  too  much  credit  for  the  amount 
of  work  that  has  been  done  for  and  in  behalf  of  the  Commission 
by  the  gentlemen  I  have  named. 

Mr.  REEVE.  With  a  very  full  appreciation  of  the  efforts  of 
these  gentlemen,  and  the  very  efficient  manner  in  which  their 
work  has  been  accomplished,  and  the  beneficial  results  which  will 
flow  from  it,  I  beg  leave  to  offer  the  following  resolution : 

"  Resolved,  That  the  Constitutional  Centennial  Commission,  recognizing 
the  extraordinary  and  laborious  services  rendered  in  aid  of  the  success  of 
the  constitutional  celebration  by  Colonel  A.  Loudon  Snowden,  hereby  in- 
struct the  secretary  of  this  body  to  communicate  to  him  their  apprecia- 
tion of  his  services,  together  with  the  thanks  of  the  Commission." 

The  resolution  as  read  was  adopted. 

Mr.  REEVE.  I  further  wish  to  supplement  this  resolution  by 
moving  that  the  secretary  be  instructed  to  draw  up  separate  reso- 
lutions, containing  the  name  of  each  of  the  gentlemen  named  by  the 
president,  said  resolutions  to  be  similar  to  the  one  just  adopted. 

The  motion  was  unanimously  carried. 

Mr.  HUNDLEY  offered  the  following  resolution. 

"  Resolved,  That  the  thanks  of  this  Commission  be  extended  to  our  exec- 
utive officers  for  the  efficient  manner  in  which  they  have  discharged  their 
duties." 

The  resolution  was  unanimously  carried. 

The  PRESIDENT.  I  will  call  attention  to  the  two  other  bodies  to 
whom  we  are  very  largely  indebted. 

Your  Executive  Committee  here  were  in  great  distress  about 
funds  at  one  time,  before  the  public  interest  had  been  aroused. 
Congress  had  failed  to  appropriate  anything.  The  citizens  of 
Philadelphia  and  the  country  at  large  did  not  know  whether  the 


CONSTITUTIONAL   CENTENNIAL   COMMISSION.  321 

celebration  was  going  to  amount  to  anything,  and  it  was  with 
great  difficulty,  and  largely  by  the  energy  of  the  Executive  Com- 
mittee, Mr.  Little  and  Mr.  Cochran,  and  some  gentlemen  asso- 
ciated with  them,  that  the  appropriation  was  passed  by  the  Penn- 
sylvania Legislature,  which  gave  them  the  basis  to  work  upon  ; 
and  the  citizens  of  Philadelphia,  also,  have  responded  liberally ; 
and  from  these  two  sources  the  work  of  the  Commission  has 
gone  on  from  that  time  to  this,  and  the  result  bids  fair  to  be  such 
a  success  as  I  hope  will  satisfy  all  of  you,  gentlemen  of  the  Com- 
mission, if  it  please  God  to  send  us  fair  weather  for  the  next  three 
days.  Under  the  circumstances,  I  think  that  the  Commission,  as 
a  body,  should  recognize  both  the  generosity  of  the  Legislature 
of  Pennsylvania  and  the  liberality  of  the  citizens  of  Philadelphia. 
Mr.  HENRY.  I  wish  to  offer  the  following  resolution  : 

"Resolved,  That  the  Constitutional  Centennial  Commission  highly  ap- 
preciate the  liberality  of  those  generous  citizens  of  Philadelphia,  whose 
contributions  in  time  and  money,  given  in  aid  of  the  Commission,  have 
proved  so  important  and  even  indispensable  to  the  success  of  our  efforts ; 
and  that  the  secretary  cause  this  resolution  to  be  published  in  the  journals 
of  this  city." 

The  resolution  was  unanimously  adopted. 

Mr.  GANTT.  Should  there  not  be  a  special  recognition  of  the 
generous  contribution  of  the  State  of  Pennsylvania  ?  I  think  it  is 
eminently  fitting  there  should  be  such  a  resolution,  and  I  hold  in 
my  hand  a  resolution  which  I  think  is  expressive  of  the  sentiments 
of  the  Commission. 

The  secretary  read  the  resolution,  as  follows : 

"Resolved,  That  the  Constitutional  Centennial  Commission,  at  its  final 
session,  recognizing  the  generous  action  of  the  governor  and  Legislature 
of  Pennsylvania  in  the  liberal  grant  made  for  the  advancement  of  the  pur- 
poses of  the  Commission  in  celebrating  the  birth  of  the  American  Constitu- 
tion, direct  their  secretary  to  communicate,  through  the  governor,  their 
VOL.  i. — 42 


HISTORY  OF  THE 

high  appreciation  of  it,  and  their  thanks  for  the  important  aid  which  was 
thus  given  towards  the  accomplishment  of  their  patriotic  object." 

The  resolution  as  read  was  unanimously  adopted. 
Mr.  ROBINSON  offered  the  following  resolution  : 

"  Resolved,  That  the  hearty  thanks  of  the  Commission  are  tendered  to  its 
president,  the  Hon.  John  A.  Kasson,  who  has  more  than  expressed  the 
patriotism  of  the  Commission  by  his  peculiar  executive  ability,  energy,  and 
untiring  devotion." 

The  resolution  as  read  was  unanimously  adopted. 

The  PRESIDENT.  I  have  to  thank  the  Commission  for  their 
appreciation  of  what  I  have  done,  and  I  should  have  been  more 
than  satisfied  to  have  my  services  passed  over ;  but  I  cannot  sep- 
arate myself,  in  this  respect,  from  the  chairman  of  the  Executive 
Committee  ;  and  I  beg  that,  as  a  personal  favor  to  myself,  I  should 
not  be  separated  at  this  moment  from  my  most  valuable  associate, 
the  commissioner  from  Pennsylvania,  Mr.  Little. 

Mr.  REEVE.     I  wish  to  offer  the  following  resolution  : 

"  Resolved,  That  the  thanks  of  this  Commission  are  due  and  are  hereby 
tendered  heartily  to  Amos  R.  Little,  for  the  very  valuable  and  ardent  ser- 
vices rendered  to  this  Commission  as  chairman  of  the  Executive  Com- 
mittee." 

The  resolution  was  unanimously  adopted. 

Mr.  HENRY  offered  the  following  resolution,  which  was  unani- 
mously adopted : 

"Resolved,  That  the  Constitutional  Centennial  Commission  desire 
specially  to  recognize  the  services  of  Hampton  L.  Carson,  Esq.,  their 
secretary,  which  were  as  excellent  as  they  were  faithful,  and  hereby  convey 
their  high  appreciation  of  his  efforts  to  accomplish  the  patriotic  efforts  of 
the  Commission." 

The  PRESIDENT.  I  wish,  also,  to  state  a  little  more  definitely  to 
the  Commission  that  we  are  enabled,  by  the  aid  furnished  by  the 


CONSTITUTIONAL    CENTENNIAL    COMMISSION.  323 

citizens  of  Philadelphia,  to  say  to  every  governor  that  during  his 
stay  in  Philadelphia  he  will  be  the  guest  of  the  Commission.  We 
have  the  pleasure  of  stating  to  you  that  twenty-two  or  twenty- 
three  governors  will  be  present  with  us,  largely  the  majority  of 
the  governors  of  the  Union.  The  number  of  the  commissioners 
has  largely  increased  since  our  last  meeting.  We  have  also  in- 
vited various  persons  who  have  rendered  distinguished  services 
to  our  country  in  one  direction  or  another,  and  made  them  our 
guests.  The  object,  as  you  will  see,  is  to  make  this  affair  of 
Saturday  especially  a  representative  meeting  of  every  class  of 
people  in  the  United  States  who  have  contributed  to  its  advance- 
ment and  prosperity,  morally,  intellectually,  and  materially ;  and 
you  will  have  the  pleasure,  gentlemen,  of  seeing  upon  our  plat- 
form undoubtedly  the  largest  representation  of  all  classes  of  our 
people  that  has  ever  been  witnessed  in  this  country,  or  in  any 
other  country,  so  far  as  I  know.  We  have  invited  the  clergymen 
of  every  denomination,  and  hope  to  have  a  representative  of  all 
known  denominations.  A  number  of  bishops  have  been  invited ; 
also  representatives  of  labor  organizations,  including  the  repre- 
sentative of  the  largest  body,  I  believe,  the  chairman  of  the 
Knights  of  Labor,  and  in  fact  every  interest  of  the  community, 
political  as  well  as  religious,  social  as  well  .as  moral.  We  will 
have  every  class  of  people  here  who  acknowledge  allegiance  to 
the  Constitution  of  the  United  States.  Every  one  has  been  in- 
vited, with  the  single  exception  of  those  who  carry  the  red  flag 
and  refuse  to  recognize  the  flag  of  the  United  States. 

Mr.  RAMSEY  announced  that  the  lieutenant-governor  of  Min- 
nesota would  be  present,  in  the  absence  of  the  governor,  whose 
official  duties  rendered  it  impossible  for  him  to  attend. 

SEVERAL  MEMBERS.  Will  the  chair  be  good  enough  to  in- 
struct us  as  to  our  movements  to-morrow? 

The  PRESIDENT.  The  chair  will  answer  that.  We  have  taken 
special  care,  in  the  arrangement  of  seats  at  the  reviewing  stands 


324  HISTORY  OF  THE 

at  all  the  ceremonies  to  provide  for  such  persons  as  the  President 
of  the  United  States,  the  Cabinet,  the  Supreme  Court,  senators, 
representatives  in  Congress,  governors  of  States,  commissioners, 
and  various  other  special  guests.  On  Saturday,  which  we  term 
the  intellectual  day  of  our  ceremonies,  our  quarters  are  very 
limited.  The  commissioners  will  be  considered  as  hosts,  in  a  cer- 
tain sense,  and  will  be  obliged  to  be  very  near  the  front ;  conse- 
quently the  commissioners  are  provided  for  in  a  way  that  cannot 
but  be  satisfactory  to  them. 

On  military  day,  which  is  Friday,  they  will  be  in  Section  A,  the 
middle  section  of  the  reviewing  stand  on  Broad  Street,  opposite 
the  Union  League,  where  all  the  processions  are  to  be  reviewed. 
On  the  first  day,  in  the  absence  of  President  Cleveland,  the  ex- 
President  and  ex-Vice-President,  the  only  two  surviving  mem- 
bers of  these  offices,  and  the  commissioners  and  governors  will 
also  be  in  the  middle  section  of  that  reviewing  stand.  I  have 
given  instruction  to  the  officers  in  charge  of  that  stand  to  reserve 
a  number  of  seats  on  those  two  days  for  that  purpose.  That  is 
so  far  the  provision  made  for  you. 

Mr.  CHITTENDEN.  I  wish  to  inquire  whether  any  provision  is 
made  for  ladies  who  attend  the  governors  and  commissioners  in 
the  city. 

The  PRESIDENT.  None  on  the  reviewing  stand.  That  is  be- 
cause ladies  prefer  to  look  at  the  parades  from  windows  on  such 
occasions.  There  are  also  some  private  stands,  very  handsomely 
gotten  up,  where  ladies  will  go. 

Mr.  HUNDLEY.  How  are  commissioners  to  be  admitted  to 
these  stands? 

The  PRESIDENT.  The  tickets  are  here  and  will  be  distributed 
after  adjournment. 

There  is  one  other  thing  I  forgot  to  mention,  which  is  of  some 
importance.  It  was  the  desire  of  the  executive  officers  to  comply 
with  the  orders  of  our  Commission  for  a  poet,  but  I  am  sorry  to 


CONSTITUTIONAL    CENTENNIAL    COMMISSION.  325 

say  for  the  patriotism  of  our  American  poets,  in  the  hot  weather, 
that  they  all  declined.  Several  distinguished  gentlemen  were 
applied  to,  but  we  were  unable  to  procure  a  poet.  Your  presi- 
dent, however,  thought  that  we  should  at  least  have  a  new  national 
hymn,  because  the  old  were  unsatisfactory.  We  thought  that  none 
of  them  rose  to  the  level  of  the  country  as  it  is  to-day.  Several 
persons  were  applied  to.  One  of  them,  Dr.  Oliver  Wendell 
Holmes,  has  taken  the  old  tune  of  "  Hail  Columbia,"  which,  if  I 
am  rightly  informed  by  our  secretary,  who  is  our  learned  member, 
was  written  by  Joseph  Hopkinson  in  1 798,  and  which  has  a  very 
great  traditional  value,  and  has  furnished  us  some  additional 
verses,  which  will  be  rendered  by  a  large  chorus.  Another  gen- 
tleman applied  to  was  F.  Marion  Crawford,  the  novelist,  who  has 
become  very  distinguished  in  the  field  of  literature,  and  who  was 
said  to  be  possessed  of  poetic  genius  also.  A  friend  suggested 
that  I  take  my  application  to  him,  and  to  my  agreeable  surprise, 
from  Sorrento,  Italy,  he  sent  an  admirable  hymn,  which  I  had 
privately  printed,  and  it  will  reach  the  public  on  the  day  of 
the  1 7th. 

Owing  to  the  short  time  we  had,  we  were  unable  to  get  a 
musical  score  for  the  hymn  ;  but  a  composer  of  this  city,  Pro- 
fessor Gilchrist,  assured  me  he  could  furnish  suitable  music  for 
the  chorus.  He  has  done  so,  and  that  chorus  will  be  rendered  by 
two  hundred  men  with  trained  voices ;  and  each  stanza  will  be  ren- 
dered (in  lieu  of  a  poem)  by  an  elocutionist  of  this  "city.  Hon. 
Samuel  F.  Miller,  the  senior  justice  of  the  Supreme  Court  of  the 
United  States,  will  deliver  the  oration  of  the  day. 

Now,  gentlemen,  we  owe  the  thanks  of  the  Commission  to 
those  gentlemen  who,  unable  to  be  here  themselves,  have  con- 
tributed so  much  to  the  interest  of  the  occasion.  What  action  will 
you  take  on  the  matter,  in  order  to  instruct  our  officers  to  convey 
our  thanks  to  them  ? 

Mr.  REEVE  offered  the  following  resolution  : 


-j  2  6  HISTORY  OF  TH'E 

"Resolved,  That  the  thanks  of  the  Constitutional  Centennial  Commission 
are  hereby  tendered  to  Dr.  O.  W.  Holmes  and  F.  M.  Crawford  for  the 
hymns  furnished  for  the  use  of  the  Commission  at  the  celebration  of  the 
framing  and  promulgation  of  the  Constitution  of  the  United  States." 

The  resolution  was  unanimously  adopted. 

The  PRESIDENT.  The  only  thing  which  now  remains  is  to  take 
action  on  final  adjournment.  Shall  the  chair  call  a  meeting  for 
that  purpose? 

Mr.  HUNDLEY.  Mr.  President,  I  move  that  we  meet  only  for  a 
few  moments,  and  receive  the  report  of  the  secretary,  and  adjourn 
sine  die.  I  think  it  would  be  proper  to  do  that.  Therefore,  I  move 
that  we  do  meet  at  some  time  after  the  ceremonies,  as  suggested 
by  the  chairman,  and  let  him  call  a  meeting  for  that  purpose. 

Mr.  HENRY.  Mr.  Chairman,  I  should  think  it  would  be  almost 
impossible  to  get  a  meeting  for  the  Commission  after  getting 
through  with  the  ceremonies  of  this  occasion.  I  do  not  think 
there  would  be  any  necessity  for  it,  and  I  think  we  might  adjourn 
sine  die. 

The  PRESIDENT.  There  is  one  point,  perhaps,  that  may  be 
considered  now, — that  is,  the  propriety  of  publishing  a  small 
volume  or  memorial  of  these  proceedings,  under  the  direction  of 
our  secretary,  embracing  the  proceedings  up  to  the  close  of  Sat- 
urday's ceremonies. 

Mr.  CHITTENDEN.  Mr.  Chairman,  I  think  that  one  of  the 
greatest  benefits  which  is  to  flow  from  the  action  of  this  Com- 
mission is  the  bringing  to  the  minds  of  the  people  of  the  United 
States,  in  a  fresh  and  striking  manner,  the  fact  that  they  have  got 
a  Constitution,  and  that  it  is  an  instrument  of  interest  that  they 
ought  to  know  something  about ;  and  I  sincerely  hope  such  a  pub- 
lication will  be  made,  and  I  think  it  should  be  published  in  a  form 
in  which  it  will  be  preserved, — something  more  than  a  mere 
pamphlet,  a  book  with  covers, —and  I  hope  that  the  funds  of  the 
Commission  will  warrant  that  a  large  edition  of  it  may  be  pub- 


CONSTITUTIONAL   CENTENNIAL   COMMISSION,  327 

lished,  and  that  it  may  have  a  general,  wide-spread  distribution. 
I  move  you,  sir,  that  the  executive  officers  of  this  Commission  be 
directed  to  prepare  these  papers  and  memorials,  and  to  print  and 
publish  them  in  such  form  and  in  such  number  as  they  think  most 
advisable. 

Mr.  GANTT.  Mr.  Chairman,  I  could  not  help  being  very  much 
struck  by  the  very  appropriate  remark  of  the  gentleman  from 
Alabama.  It  seems  to  me  to  be  very  desirable  that  our  proceed- 
ings should  take  an  orderly  and  decent  form.  I  think  we  should 
meet  after  our  work  is  done  and  express  our  views  respecting 
its  accomplishment.  It  is  perfectly  true  that  we  should  not  be 
able  to  speak  with  anything  like  a  definite  understanding  of 
the  accounts  of  the  Commission,  but  that  can  be  safely  trusted 
to  the  accounting  officers,  and  I  really  think  we  should  be  neg- 
lecting a  very  valuable  point  of  decorum,  if  we  go  off"  without 
one  word  of  ratification  and  sanction  at  the  close  of  the  cere- 
monies. 

Mr.  LITTLE.  I  think  the  executive  officers  would  be  gratified  if 
there  could  be  a  meeting  on  Monday  after  the  ceremonies  were  all 
over ;  but  we  fear  the  commissioners  would  want  to  leave  before 
that  time,  and  that  we  should  probably  not  have  a  quorum,  and 
could,  consequently,  take  no  action.  On  Saturday  there  are  so 
many  private  entertainments  that  it  would  probably  take  us  until 
Saturday  night  before  we  could  have  a  meeting. 

Mr.  REEVE  called  attention  to  the  necessity  of  providing  a 
special  committee  for  winding  up  the  affairs  of  the  commission, 
and  with  full  power  to  act  after  the  final  adjournment  of  this  body, 
and  submitted  a  motion  on  that  subject. 

After  some  discussion  and  amendment,  the  resolution  was 
adopted  in  the  following  form  : 

"  Resolved,  That  the  president  and  chairman  of  the  Executive  Commit- 
tee and  the  secretary  of  the  Commission,  with  Thomas  Cochran,  chairman, 
Colonel  Theo.  E.  Wiedersheim,  secretary  of  the  Citizens  Committee,  be  con- 


,,2g  HISTORY  OF  THE 

stituted  an  Executive  Committee  by  this  Commission,  with  power  to  transact 
all  business  necessary  to  wind  up  the  affairs  of  the  Commission  after  this 
meeting ;  and  if  they  deem  it  judicious  and  proper,  they  are  hereby  author- 
ized to  publish  or  cause  to  be  published,  with  official  endorsement,  so  much 
of  the  proceedings  of  the  Commission,  and  of  the  proceedings  of  the  cele- 
bration as  they  may  deem  proper  for  general  circulation,  and  that  the  mem- 
bers of  the  Commission  shall  each  be  entitled  to  a  copy,  to  be  forwarded  to 
them  by  the  proper  officer. 

"They  are  also  instructed  to  deposit  the  original  records  of  this  Commis- 
sion with  the  librarian  of  the  Historical  Society  of  Pennsylvania." 

Mr.  HUNDLEY.  I  move  that  when  the  meeting  adjourn  it  shall 
stand  adjourned  until  the  close  of  the  proceedings  in  Indepen- 
dence Square,  where  a  meeting  will  be  held  at  the  seats  occupied 
on  that  occasion  by  the  members  of  this  Commission. 

The  motion  was  adopted. 

Mr.  HUNDLEY.  I  suggest  that  before  a  final  adjournment  is 
held  that  the  members  of  the  Commission  be  requested  to  sign 
their  autographs  to  a  blank  piece  of  paper  to  be  attached  by  the 
secretary  to  the  proceedings  when  the  proceedings  are  complete. 

Mr.  HUNDLEY'S  suggestion  was  accepted,  and  the  members 
were  requested  to  remain  for  a  few  moments  after  adjournment 
for  that  purpose. 

On  motion,  the  meeting  adjourned  to  meet  on  the  platform  at 
the  close  of  the  ceremonies  on  Saturday,  the  i7th. 

In  the  interval  the  members  of  the  Commission  attended  the 
official  ceremonies  of  the  celebration,  and  the  various  banquets, 
receptions,  and  entertainments,  as  described  in  the  report  of  the 
Reception  Committee. 

A  final  meeting  of  the  Commission  was  held  on  the  grand 
stand,  in  Independence  Square,  September  17,  1887,  immediately 
after  the  close  of  the  official  ceremonies,  President  JOHN  A.  KASSON 
in  the  chair.  There  were  present  Oscar  R.  Hundley,  of  Ala- 
bama ;  Samuel  W.  Williams,  of  Arkansas  ;  Henry  C.  Robinson, 


CONSTITUTIONAL    CENTENNIAL    COMMISSION.  329 

of  Connecticut ;  E.  B.  Purcell,  of  Kansas  ;  C.  H.  Reeve,  of  Indi- 
ana;  Charles  E.  Fenner,  of  Louisiana;  William  B.  Lapham,  of 
Maine  ;  Clinton  P.  Paine,  of  Maryland  ;  Henry  Cabot  Lodge,  of 
Massachusetts  ;  Charles  D.  Long,  of  Michigan  ;  Alex.  Ramsey, 
of  Minnesota ;  Thomas  T.  Gantt,  of  Missouri ;  Marcellus  Green, 
of  Mississippi;  William  M.  Robertson,  of  Nebraska;  Benjamin  A. 
Kimball,  of  New  Hampshire ;  Charles  G.  Garrison,  of  New  Jersey ; 
Lewin  W.  Barringer,  of  North  Carolina ;  Alfred  T.  Goshorn,  of 
Ohio ;  Amos  R.  Little,  of  Pennsylvania ;  L.  E.  Chittenden,  of 
Vermont ;  William  Wirt  Henry,  of  Virginia  ;  Samuel  A.  Henszey, 
of  Arizona ;  Richard  Mackintosh,  of  Utah ;  N.  G.  Ordway,  of 
Dakota ;  and  Hampton  L.  Carson,  of  Pennsylvania,  secretary. 

Mr.  REEVE  offered  the  following  resolution,  as  a  substitute  for 
the  separate  resolutions  of  thanks  to  the  same  gentlemen,  adopted 
at  the  last  meeting : 

"  Resolved,  That,  realizing  the  vast  extent  of  incessant  labor  required  to 
prepare  the  details  for  the  celebration  of  the  centennial  anniversary  of  the 
framing  and  promulgation  of  the  Constitution ;  with  a  knowledge  of  the 
manner  in  which  their  energies  have  been  devoted  to  its  performance,  and 
appreciating  the  patriotism  that  prompted  and  sustained  them  in  their  long, 
arduous  efforts,  the  grateful  thanks  of  the  Commission  are  due  to  those  by 
whom  the  principal  work  was  done  on  behalf  of  the  Commission ;  and  they 
are  hereby  extended  to  the  Hon,  John  A.  Kasson,  president  of  the  Commis- 
sion; Amos  R.  Little,  the  vice-president,  and  chairman  of  the  Executive 
Committee ;  and  Hampton  L.  Carson,  secretary. 

The  resolution  was  unanimously  adopted. 

On  motion  of  Mr.  CHITTENDEN,  the  Executive  Committee  was 
instructed  to  communicate  the  thanks  of  the  Commission  to  all 
those  who  had  conducted  the  musical  exercises, — Professor  Soussa 
and  Professor  Rosewig ;  to  Professor  Gilchrist,  for  his  contribution 
of  the  score  of  the  chorus  of  Mr.  Crawford's  hymn.  They  were 
further  instructed  to  communicate,  through  their  secretary,  the 

VOL.  i. — 43 


330  HISTORY  OF  THE 

thanks  of  the  Commission  especially  to  Mr.  F.  Marion  Crawford, 
for  his  new  national  hymn  ;  to  other  gentlemen,  whose  services 
have  been  valuable ;  and  to  Oliver  Wendell  Holmes,  for  his 
verses ;  to  Mr.  Justice  Miller,  for  the  memorial  oration  ;  to  Bishop 
Potter,  Cardinal  Gibbons,  and  Dr.  Witherspoon,  for  their  services 
in  the  memorial  ceremonies ;  and  to  the  mayor  and  police  of  the 
city  of  Philadelphia  for  their  efficient  police  regulations. 
The  Commission  thereupon  adjourned  sine  die. 

Apart  from  the  brilliant  and  pronounced  success  which  crowned 
the  labors  of  the  Commission,  it  is  gratifying  to  record  the  fact 
that,  after  all  indebtedness  had  been  paid,  the  chairman  of  the 
Executive  Committee  was  able  to  return  to  the  treasury  of  the 
State  of  Pennsylvania  a  sum  exceeding  ten  per  centum  of  the  ap- 
propriation of  seventy-five  thousand  dollars,  and  to  return  to  each 
citizen  subscriber  a  dividend  of  fifty  per  centum  of  his  subscription, 
— a  most  substantial  proof  of  the  wisdom,  prudence,  and  fidelity 
with  which  the  duties  of  the  accounting  officers  of  the  Commission 
were  discharged. 


CONSTITUTIONAL   CENTENNIAL   COMMISSION.  331 


REPORT   OF  THE  COMMITTEE  ON  TRANSPORTATION. 

HON.  JOHN  A.  KASSON, 

President  of  the  Constitutional  Centennial  Commission. 

MY  DEAR  SIR, — Your  Committee  on  Transportation  beg  to 
submit  their  report  of  work  accomplished  during  the  great  cele- 
bration of  September  15,  16,  and  17,  1887.  Your  committee, 
whose  chairman  had  acted  in  a  like  capacity  during  the  prelimi- 
nary work  of  organization  in  September  and  December,  1886, 
was  organized  for  permanent  work  in  June,  1887,  with  the  fol- 
lowing membership  : 

Geo.  W.  Boyd,  assistant  general  passenger  agent,  Pennsyl- 
vania Railroad  Company,  233  South  Fourth  Street. 

C.  G.  Hancock,  general  passenger  agent,  Philadelphia  and 
Reading  Railroad  Company,  231  South  Fourth  Street. 

J.  E.  Barr,  Esq.,  of  Porter  &  Coates,  No.  900  Chestnut 
Street. 

John  W.  Woodside,  Esq.,  of  Stewart,  Ralph  &  Co. 

Theo.  E.  Wiedersheim,  No.   14  South  Third  Street. 

John  H.  Weeks,  general  agent,  Baltimore  and  Ohio  Rail- 
road, Fourth  and  Chestnut  Streets. 

William  J.  Latta,  chairman,  general  agent,  Pennsylvania  Rail- 
road Company,  Broad  Street  Station. 

It  was  deemed  wise  on  your  part  to  associate  a  small  num- 
ber of  railroad  officers  with  a  number  of  prominent  citizens  upon 
your  Transportation  Committee,  and  we  believe  that  a  great 
measure  of  our  success  was  the  result  of  that  wisdom. 

A  general  meeting  of  your  committee  was  called  on  Tuesday, 
August  30,  1887,  in  the  office  of  the  chairman  at  Broad  Street 


HISTORY  OF  THE 

Station,  at  which  the  secretary  of  your  Military  Committee,  the 
adjutant-general  of  Pennsylvania,  and  the  several  regimental  quar- 
termasters of  the  National  Guard  of  Pennsylvania  were  present. 
A  complete  programme  was  there  mapped  out  for  the  trans- 
portation of  all  the  military  organizations  from  Pennsylvania, 
Massachusetts,  Connecticut,  Maine,  Rhode  Island,  New  York, 
New  Jersey,  Maryland,  Delaware,  and  small  companies  from 
many  other  States,  as  well  as  the  governors  and  staffs  of  such 
States  as  had  at  that  time  signified  their  acceptances  of  the  in- 
vitations extended  them.  Your  chairman  takes  much  pleasure 
in  stating  that  little  or  no  deviation  from  that  programme  was 
found  to  be  necessary  in  the  actual  movement  of  the  organiza- 
tions then  arranged  for. 

About  thirty-five  thousand  (35,000)  soldiers,  firemen,  mem- 
bers of  societies,  etc.,  were  moved  by  the  several  railroads  to 
and  from  Philadelphia  during  the  period  in  question. 

The  railroad  companies  promptly  met  the  general  desire 
for  reduced  rates. 

Your  committee  have  to  record  the  fact  that  the  most  cor- 
dial co-operation  was  shown  by  the  different  transportation  com- 
panies. 

Your  committee  presents  for  your  information  the  following 
exhibits : 

A.  Financial  statement. 

B.  Report  of  passengers  transported. 

C.  Report  of  organized  bodies  transported  (included  in  total 
of  B). 

D.  List  of  military  and  other  organizations. 

In  conclusion,  your  committee  desire  to  express  their  thanks 
for  the  hearty  responses  coming  from  yourself  and  your  several 
assistants  and  sub-committees  in  aiding  us  in  the  great  work  so 
successfully  accomplished. 

To  the  officers  of  the  Pennsylvania  Railroad  Company,  Phila- 


CONSTITUTIONAL    CENTENNIAL   COMMISSION. 


333 


delphia  and  Reading  Railroad  Company,  Baltimore  and  Ohio 
Railroad  Company,  are  the  thanks  of  the  Commission  and  your 
committee  especially  due. 

Respectfully  submitted, 


Approved : 

J.   E.    BARR, 

C.   G.   HANCOCK, 

GEO.  W.   BOYD, 

JOHN    H.   WEEKS, 

JOHN   W.   WOODSIDE, 

THEO.   E.   WIEDERSHEIM, 

PHILADELPHIA,  October  17,  1887. 


WILLIAM   J.   LATTA, 

Chairman. 


Committee. 


HISTORY  OF  THE 


EXHIBIT    "A." 
CONSTITUTIONAL  CENTENNIAL  COMMISSION. 

COMMITTEE  ON   TRANSPORTATION 
IN  ACCOUNT  WITH  THE  EXECUTIVE  COMMITTEE: 
Received  from  Amos  R.    Little,  Chairman,  for  military  transportation   and   other 

expenses  ................................    $10,000.00 

Expended  for  transportation  of  National  Guard  of  Pennsylvania  : 

Pennsylvania  Railroad  Co.,  Voucher  A   .........    15761.80 

«  «          »  "        B   .........         75-oo 

-    $5836.80 

Philadelphia  and  Reading  Railroad  Co.,  Voucher  C  .    .    .    .  2750.00 

Baltimore  and  Ohio  Railroad  Co.,  "      D  .    .    .    .  898.00 

St  George  Hotel  Co.,  "      E  .    .   .    .  20.00 

--     $9,504.80 


Balance  clue  Executive  Committee $495- 20 

Remitted  October  7,  1887,  by  check,  Bank  of  North  America. 

Receipt  of  same  acknowledged  same  date  by  Amos  R.  Little,  chairman. 

I  hereby  certify  the  above  to  be  a  true  statement  of  the  financial  receipts 
and  expenditures  of  the  Committee  on  Transportation  in  connection  with 
their  work  in  the  celebration  of  September  15,  16,  and  17,  1887. 

[Signed]        WILLIAM   J.  LATTA, 

Chairman. 

EXHIBIT  "B." 

STATEMENT  OF  PASSENGERS  CARRIED  TO  AND  FROM  PHILADELPHIA 
DURING  THE  DAYS  OF  THE  CONSTITUTIONAL  CENTENNIAL  CELEBRA- 
TION, SEPTEMBER  15,  16,  AND  17,  1887. 

Lines.  Passengers. 

By  Pennsylvania  Railroad  Co.  (actual) 372,347 

"  Philadelphia  and  Reading  Railroad  Co.  (estimated) 300,000 

"  Baltimore  and  Ohio  Railroad  Co.  "  15,400 

"  Steamer  D.  R.  Martin 14.317 

"  Steamer  Columbia 3,409 

"  Steamer  Jersey  Blue 273 

"  Steamer  Edwin  Forrest 223 

"  Baltimore  and  Philadelphia  Steamboat  Co 262 

"  Philadelphia  and  Smyrna  Transportation  Co •    •    .  165 

Total  for  the  three  days  as  above 706,396 


CONSTITUTIONAL   CENTENNIAL   COMMISSION. 


335 


EXHIBIT   "C." 

SPECIAL  ORGANIZATIONS  INCLUDED  IN  EXHIBIT  "  B,"  AND  SHOWN  IN 
EXHIBIT  "D"  IN  DETAIL,  CARRIED  TO  AND  FROM  PHILADELPHIA 
DURING  THE  CONSTITUTIONAL  CENTENNIAL  CELEBRATION,  SEPTEM- 
BER 15,  16,  AND  17,  1887. 

Lines. 

By  Pennsylvania  Railroad  Co.  (actual) 
"  Philadelphia  and  Reading  Railroad 
"  Baltimore  and  Ohio  Railroad  Co. 

38,942 


N 

COl 

o.  of  persons 
ning  to  Phila. 

'S.78I 
2,490 
1,200 

No.  of  persons 
round  trip. 

4,980 
2,400 

Co.  (estimated)  .    . 
« 

EXHIBIT   "D." 

LIST  OF  MILITARY  AND  OTHER  ORGANIZATIONS  ATTENDING  THE  CON- 
STITUTIONAL CENTENNIAL  CELEBRATION  AT  PHILADELPHIA,  SEPTEM- 
BER 15,  16,  AND  17,  1887,  HANDLED  BY  THE  PENNSYLVANIA  RAILROAD, 
PHILADELPHIA  AND  READING  RAILROAD,  AND  BALTIMORE  AND  OHIO 
RAILROAD  COMPANIES. 

Organizations  via  Pennsylvania  Railroad.  Number.       Initial  point. 

President  Cleveland  and  party 10 

General  Sheridan,  U.S.A.,  and  staff 5     Washington. 

Pennsylvania  Troops  : 

Sheridan  Troop 60     Tyrone. 

Battery  B 60     Pittsburgh. 

Fifth  Regiment 500 

Sixth  Regiment : 

Company  B : 

«       H 

I 

Eighth  Regiment : 

Company  A 

C 

"       G 

"         I  and  headquarters 5°     Wrightsville. 

Tenth  Regiment 45° 

Twelfth  Regiment 4°o 

Fifteenth  Regiment 425 

Sixteenth  Regiment 5°° 

Eighteenth  Regiment 62° 

New  Jersey  Troops  : 

General  Plume  and  staff    .    . 12     Newark. 

Third  Regiment 75°    Elizabeth. 

Fourth        "  75°    Jersey  City. 


5° 
So 
5° 

So 
5° 
5° 

Chester. 
Media. 
West  Chester. 

York. 
Chambersburg. 
Carlisle. 

33$ 


HISTORY  OF  THE 

rf.  Pennsylvania  Rai.road. 


Numb*,       Initial  point. 


New  Jersey  Troops:  Woodbury. 

One  Company    ......  ^^ 

<«          «  .............. 

6  1     Cape  May. 
«          ««  ............ 

6l     Atlantic  City. 
n          «  .....   •    ...... 

o     Haddonfield. 
,,  «  ...........    •    • 

New  York  Troops  : 

ooo    New  York. 
Provisional  Regiment    ...... 

New  York  City  Regiments   .............    I'4°° 

Seventy-first  Regiment  Band    ............ 

Governor  of  New  York  and  staff    ............         25 

Maryland  Troops  ; 

100     Cumberland. 
Two  Companies  ............ 

400     Baltimore. 
Fifth  Regiment   ............. 

I  2OO  *  * 

Provisional  Regiment    ............. 

18  " 

Governor  of  Maryland  and  staff  ......... 

Delaware  Troops    ..................       S°° 

Governor  of  Connecticut  and  staff  ............  4<>     Hartford. 

«        «            ti          Foot  Guards    ..........  r5° 

»        "   New  Hampshire  and  staff  ..........  4° 

Maine  and  Rhode  Island  troops  .............  6o° 

Governor  of  Rhode  Island,  staff,  and  troops  ........  15° 

Governor  of  Massachusetts,  staff,  and  troops  ........    l,i°° 

Governor  of  Georgia  and  staff  ..............  25 

Atlanta  Rifles  .....................  33 

South  Carolina  troops    ................. 

Governor  of  South  Carolina  and  staff  ...........  25 

Governor  of  North  Carolina  and  staff  ...........  3° 

Governor  of  New  Jersey  and  staff  ............  J5     Jersey  City- 

Alexandria  Light  Infantry    ...............  5°     Alexandria. 

Dubuque  Grays  ....................  So     Dubuque. 

Company  B,  First  Regiment,  Virginia    ..........  60    Richmond. 

Old  Dominion  Guard     .................  '°°     Portsmouth. 

Capitol  City  Guard     ..................  '67     Washington. 

Columbia  Rifles  ....................  5° 

Corcoran  Cadets  ...................  5° 

Washington  Cadet  Co»ps  ................  15° 

Union  Veterans,  First  Company  .............  5° 

"        Old  Guard     ..............  5° 

Colored  military  ....................  800 

Van  Houten  Post,  G.A.R  ................       100    New  York. 


CONSTITUTIONAL   CENTENNIAL   COMMISSION.  337 

Organizations  via  Pennsylvania  Railroad.                              Number.  Initial  point. 

Posts  130  and  131,  G.A.R too  West  Chester. 

Post  34,  G.A.R 28  Avondale. 

Fame  Fire  Co loo  West  Chester. 

Fire  Company  of  West  Chester 97  "          « 

Hope  Hose  Co 50  Bordentown. 

Weccacoe  Hose  Co 35  " 

Humane  Hose  Co 25  " 

Richmond  Fire  Co 50  Richmond. 

Beverly  Fire  Co 50  Beverly. 

Fire  Co 90  Norristown. 

Vigilant  Fire  Co 35  Altoona. 

Pennsylvania  Railroad  Fire  Co 35  " 

Fire  Co 25  Princeton. 

Liberty  Fire  Engine  Co 25  Spring  City. 

Franklin  Fire  Co 200  West  Chester. 

Fire  Co 36  Millville,  N.  J. 

Mayor  of  Boston  and  party 25  Boston. 

Disston's  Saw  Works  employes 500  Tacony. 

Indian  school-children 209  Carlisle. 

Marine  Band 39  Washington. 

Band 25  Phcenixville. 

Milton  Cornet  Band 25  Milton. 

Liberty      "         "      • 25  Reading. 

Germania  Band 30  " 

Spring  City  Band 25  Spring  City. 

West  Chester  Band 27  West  Chester. 

Band 25  Belvidere. 

Knights  of  the  Golden  Eagle 75  Phcenixville. 

«        «    «        «           «       22  Haddonfield. 

"        "     "    Mystic  Chain 33  Altoona. 

«       a    «         <«         «       35  Johnstown. 


Total 


Organizations  via  Philadelphia  and  Reading  Railroad.  Number.       Initial  point. 

Fourth  Regiment,  N.G.P  .................       5°o     Pottsville. 

Eighth         "  "  ...............       45°     Wilkesbarre. 

Thirteenth  «  "          .....    ..........       45°    Scranton. 

Organizations  via  Baltimore  and  Ohio  Railroad.  Number.       Initial  point. 

Fourteenth  Regiment,  N.G.P  ...............       449    Pittsburgh. 

Various  regiments  ...................       75»     Washington  and 

points  south. 

VOL.  I.—  44 


338 


HISTORY  OF  THE 


REPORT  OF  THE  MEDICAL  DIRECTOR  OF  THE  VOLUN- 
TEER  MEDICAL  CORPS  OF  THE  CONSTITUTIONAL  CEN- 
TENNIAL COMMISSION. 

'•MEDICAL  COMMITTEE  ROOMS, 
"  CITY  HALL,  PHILADELPHIA,  4th  October,  1887. 

"  HON.  JOHN  A.  KASSON, 

"  President  of  the  Constitutional  Centennial  Commission. 
"  AMOS  R.  LITTLE,  ESQ., 

"  Chairman  of  the  Executive  Committee. 

"  GENTLEMEN, — I  have  the  honor  to  transmit  the  accompanying  report 
of  the  operations  of  the  Volunteer  Medical  Corps,  which  was  adopted  as 
the  final  report  of  the  committee. 

"I  avail  myself  of  this  opportunity  to  acknowledge  the  courtesy  and 
cooperation  of  the  officers  of  the  Centennial  Commission  and  the  members 
of  the  Medical  Committee  in  the  discharge  of  the  duties  confided  to  my 
direction. 

"  Very  respectfully, 

"C.  J.  CLEBORNE,  M.D., 
"  Chairman  of  the  Medical  Committee" 

OFFICE  OF  THE  MEDICAL  COMMITTEE  OF  THE 
CONSTITUTIONAL  CENTENNIAL  COMMISSION, 
BROAD  AND  MARKET  STREETS,  PHILADELPHIA,  CITY  HALL. 

REPORT  OF  THE  MEDICAL  DIRECTOR. 

The  following  account  of  the  operations  of  this  department  is 
respectfully  submitted : 

The  Volunteer  Medical  Corps  of  the  Constitutional  Centennial 
was  organized  under  the  authority  of  the  Hon.  John  A.  Kasson, 
the  president  of  the  Commission,  who  appointed  me  chairman  of 
the  Medical  Committee  on  the  i2th  of  September,  1887. 


CONSTITUTIONAL   CENTENNIAL   COMMISSION.  339 

"CONSTITUTIONAL   CENTENNIAL   COMMISSION, 

"  PHILADELPHIA,  September  12,  1887. 

"  With  a  view  to  provide  for  the  eventualities  and  accidents  which  may 
occur  during  the  three  days  of  the  centennial  celebration,  the  Constitutional 
Centennial  Commission  hereby  appoints  Medical-Inspector  C.  J.  Cleborne, 
United  States  Navy,  chairman  of  a  committee  (the  members  of  which  will 
be  selected  by  him)  to  organize  a  Volunteer  Medical  Service,  to  be  on  duty 
during  the  three  days  of  the  celebration. 

"  He  is  also  authorized  to  consult  with  the  mayor,  and  to  request  the 
co-operation  of  the  police  in  establishing  an  effective  service,  and  in  the  per- 
formance of  its  duties. 

"JOHN   A.  KASSON, 

"  President  of  the  Commission. 
"AMOS   R.  LITTLE, 
"  Chairman  of  the  Executive  Committee" 

The  chairman  was  authorized  to  organize  and  direct  the 
department,  subject  to  such  rules  and  regulations  as  might  be 
found  necessary  to  carry  out  efficiently  a  plan  for  the  relief  of  the 
sick  and  injured  during  the  celebration  of  the  i5th,  i6th,  and  i7th 
of  September,  1887.  Finding  there  were  but  four  or  five  days  for 
preparation,  and  no  time  to  get  a  medical  committee  in  advance, 
and  then  mature  a  plan,  I  was  obliged  to  organize  a  simple  form 
of  field-hospital  service,  and  collect  medical  stores  and  supplies 
before  the  committee  was  formed.  To  this  fact  must  be  attributed 
any  failure  in  perfecting  the  scheme,  which  had  to  be  submitted  in 
a  somewhat  crude  state  to  the  Medical  Committee.  The  essential 
parts  of  my  plan  were  to  form  at  a  central  point  a  base  of  medical 
supplies  and  ambulances,  and  a  reserve  corps  of  medical  officers, 
for  detail  when  necessary.  In  the  plan  proposed,  the  routes  of 
the  industrial  procession  of  the  i5th  inst.,  and  of  the  military 
parade  of  the  i6th  inst,  were  to  be  laid  off  into  sixteen  "dressing 
stations,"  each  in  charge  of  a  surgeon-in-chief,  with  a  sufficient 
number  of  professional  assistants. 

The  stations  were  to  be  connected  with  one  another,  with  the 


HISTORY  OF  THE 

general  hospitals,  and  with  the  Central  Medical  Station  by  tele- 
graphic communication  ;  and  telegraph  operators  were  to  be 
directed  to  co-operate  with  the  medical  officers  in  sending  or  re- 
ceiving official  messages  or  reports. 

To  provide  against  overcrowding  and  to  preserve  discipline, 
arrangements  were  to  be  made  to  have  a  special  detail  of  police 
at  each  station,  and  a  patrol  officer  to  be  assigned  to  duty  with  the 
medical  officers,  thus  affording  protection  and  intelligent  assist- 
ance to  each  surgeon-in-chief. 

In  order  to  avoid  dependence  upon  drug-stores  for  medical 
supplies,  each  station  was  to  be  provided  with  an  outfit  of  medi- 
cines, stores,  splints,  bandages,  and  other  surgical  necessaries, 
sufficient  for  emergencies  and  "first  dressings."  Each  medical 
officer  was  to  be  required  to  furnish  himself  with  one  or  more 
tourniquets  and  a  fully-equipped  pocket-case.  The  hospital  am- 
bulances were  to  be  provided  with  operating-cases  and  a  supply 
of  medicines  and  stretchers,  and  every  requisite  necessary  for  the 
more  serious  accidents.  Each  station  was  to  be  furnished  with  a 
light  one-horse  wagon  or  van,  having  a  supply  of  straw  and  a 
bottle  of  water  ;  and  a  limited  supply  of  stretchers  were  to  be  dis- 
tributed among  the  stations,  to  facilitate  the  transportation  of 
serious  cases  within  or  without  the  line.  The  entire  medical  force 
was  to  be  placed  under  one  head, — a  medical  director, — who  was 
to  take  post  at  the  Central  Medical  Station,  and  was  to  be  assisted 
by  an  inspecting  purveyor  and  a  special  telegraph  operator.  This 
plan  was  afterwards  supplemented  by  the  appointment  of  an  Ex- 
ecutive and  Transportation  Committee,  who  greatly  facilitated  the 
work  of  inspection,  and  increased  the  means  of  transportation  by 
procuring  stretchers  from  the  Philadelphia  Hospital.  A  printed 
circular  of  general  instructions  was  to  be  furnished  to  each  officer, 
but  a  certain  amount  of  latitude  and  discrimination  was  left  to  the 
chief  surgeon,  who  was  to  be  held  responsible  for  his  aides  and  the 
discipline  and  management  of  his  station.  The  design  was  to 


CONSTITUTIONAL   CENTENNIAL   COMMISSION.  341 

utilize,  as  expeditiously  as  possible,  such  material  as  was  at  hand, 
at  the  smallest  possible  expense  to  the  Gommission. 

The  medical  profession,  as  usual,  came  forward  nobly  to  aid 
the  work  of  humanity :  within  twenty-four  hours  eighteen  of  the 
most  eminent  and  distinguished  physicians  and  surgeons  of  our 
city  kindly  consented  to  become  members  of  the  Medical  Com- 
mittee. 

LIST   OF   MEMBERS  OF   THE   COMMITTEE. 

Prof.  D.  Hayes  Agnew,  Prof.  J.  M.  Da  Costa, 

"     John  Ashhurst,  Jr.,  "     S.  W.  Gross, 

"     William  Pepper,  Dr.  John  L.  Ludlow, 

Dr.  John  H.  Packard,  "    J.  Wm.  White, 

"    Thomas  H.  Andrews,  "    S.  S.  Stryker, 

"    William  G.  Porter,  "    Horace  Y.  Evans, 

"    Richard  A.  Cleemann,  "    Harrison  Allen, 

"    I.  Minis  Hays,  "    J.  Howard  Taylor, 

"    A.  C.  Gorgas,  "    C.  J.  Cleborne, 

Medical  Director  U.  S.  Navy.  Medical  Director  U.  S.  Navy. 

No  sooner  was  it  known  that  professional  aid  was  needed 
than  numbers  of  medical  men  volunteered  for  duty  at  stations. 

Sixteen  gentlemen  of  large  hospital  experience  and  practice 
were  appointed  as  chiefs,  and  empowered  to  call  to  their  aid  such 
assistance  as  might  be  necessary ;  sixty-four  physicians  promptly 
responded  to  their  call  and  twenty  more  were  held  in  reserve  at 
the  Central  Medical  Station,  City  Hall. 

The  leading  merchants  and  druggists  of  the  city  gave  abun- 
dantly of  their  stores  for  the  use  of  the  sick  and  injured ;  within 
forty-eight  hours,  over  eighteen  hundred  dollars'  worth  of  drugs, 
wagons  (for  use  as  temporary  ambulances),  and  comforts  and 
supplies  of  all  kinds  were  generously  offered  for  the  use  of  the 
committee. 

The  Medical  Committee  met  at  the  City  Hall  on  the  1 3th  inst., 
when  this  plan  of  organization  (which  was  but  a  simple  and  practi- 


HISTORY  OF  THE 

cal  application  of  field-hospital  service)  was  submitted  for  its  con- 
sideration, and  was  unanimously  adopted.  The  circular  of  general 
instructions  was  also  submitted,  and,  after  a  slight  amendment  by 
the  committee,  was  authorized  to  be  issued.  The  chairman  of  the 
committee  was  then  appointed  the  medical  director,  and  was 
ordered  to  carry  out  the  proposed  plan  of  operations  during  the 
celebration  of  the  Constitutional  Centennial.  Accordingly,  the 
officers  of  the  several  stations  were  notified  to  report  with  their 
assistants  at  the  Central  Medical  Station,  City  Hall,  at  6.30  A.M. 
on  the  morning  of  the  I2th  inst.  Each  officer  in  charge  was 
then  given  a  badge,  a  circular  of  instructions,  a  "  red  cross  flag," 
and  his  medical  outfit.  The  hospital  ambulances  and  temporary 
ambulances  were  on  hand  at  the  same  hour  to  carry  the  chiefs  to 
their  several  stations.  Everything  being  in  readiness,  the  inspect- 
ing purveyor  saw  that  each  officer  left  fully  equipped  for  his  post, 
and  by  half  past  eight  o'clock,  I  received  telegraphic  reports  that 
all  the  surgeons  were  at  their  stations  and  ready  for  any  emer- 
gency. 

At  eight  A.M.  the  Executive  Committee  inspected  the  dressing 
stations  on  both  sides  of  the  line  from  Dauphin  to  Morris  Streets, 
reiterated  the  necessary  instructions  to  the  chiefs,  and  remedied 
some  defects.  The  inspecting  medical  purveyor  (Dr.  Ashton)  was 
mounted,  and  he  also  inspected  the  stores  of  the  stations,  and 
reported  everything  in  order  and  in  readiness  for  service,  after 
which  he  stationed  himself  near  the  Presidential  stand.  During 
this  and  the  following  days  of  the  celebration,  several  members  of 
the  medical  committee  (Drs.  Packard,  Porter,  Andrews,  Stryker, 
Allen,  and  White)  stationed  themselves  near  the  Chief  Magistrate, 
which  increased  the  confidence  of  the  Presidential  party,  and  gave 
me  the  assurance  of  having  the  highest  medical  and  surgical  skill 
within  reach,  in  case  of  necessity.  The  location  of  the  "  dressing 
stations,"  names  of  the  surgeons  and  of  the  telegraphic  operators 
on  Thursday,  the  i5th  inst.,  were  as  follows: 


T 

rL 


1SJ 


CALLOWHILI. 


U 


J^L 


KITZWATER 


LT 

ja 


CATHERINE 


WASHINGTON' 


LJT 


LJ 


V 


DAUPHIN 

n 

STRtET. 

SORRIS 

J 

• 

STREET. 

COLUMBIA 

U^^/ 

r 

^~                  AVENUE. 

G*IRARD                         [^  

^~                  AVENUE. 

BARCLAY 

' 

!•< 

STREET. 

•L  , 

STREET.       \ 


Medical  Sutiooi. 
<!*ner»l  Hoipit.li. 
Amhulmnec. 
T«l««r.ph. 
SUtloo  Flag. 


PLAN   OF  STATIONS 

ON    TMI 

Route  of  the  Industrial  and  Military 
PARADES, 

15th  and  16th  September,  1887. 


CONSTITUTIONAL   CENTENNIAL    COMMISSION.  343 

Station  No.  1,  Broad  and  Dauphin  Streets. 
Chief. — Dr.  J.  M.  BALDY. 
Telegraph  Operator. — Jos.  Janney. 

Aides.— Dr.  J.  W.  McCaskey,  Dr.  J.  R.  McCausland,  Dr.  C.  Hoban,  Dr. 
L.  J.  Hammond 

Station  No.  2,  Broad  and  Columbia  Avenue.     Bast. 
Chief.— Dr.  O.  H.  KOONS. 
Telegraph  Operator. — J.  W.  Stanley. 
Aides. — Dr.  Lewis  Brinton,  Dr.  A.  J.  Downes. 

Station  No.  3,  Broad  and  Columbia  Avenue.     West. 
Chief. — Dr.  WALTER  CHRYSTIE. 
Telegraph  Operator. — J.  W.  Stanley. 
Aides. — Dr.  George  N.  Boyd,  Dr.  J.  K.  Young. 

Station  No.  4,  Broad  and  Barclay  Streets. 
Chief.— Dr.  E.  P.  DAVIS. 
Telegraph  Operator. — R.  C.  McCready. 

Aides.— Dr.  W.  A.  N.  Daland,  Dr.  A.  A.  Stevens,  Dr.  R.  C.  Morris,  Dr. 
G.  W.  Watson. 

Station  No.  5,  Broad  and  Girard  Avenue. 

Chief.— Dr.  C.  P.  GRAYSON. 

Telegraph  Operator. — A.  H.  Sprachlin. 

Aides. — Dr.  Albert  A.  Chrisky,  Dr.  Benjamin  Reath,  Dr.  W.  M.  Powell. 

Station  No.  6,  Northeast  Corner  Broad  and  Filbert  Streets. 
Chief.— Dr.  W.  J.  HEARN. 
Telegraph  Operator. — Robert  Brown. 
Aides—  Dr.  L.  E.  Taubel,  Dr.  E.  T.  Ward. 

Station  No.  7,  Broad  and  Wallace  Streets. 

Chief.— Dr.  R.  KEELY. 
Telegraph  Operator. — 
Aides. — Dr.  J.  G.  Shoemaker,  Dr.  Charles  Baum,  Dr.  Charles  M.  Seltzer. 


,,,  HISTORY  OF  THE 

344 

Station  No.  8,  Northwest  Corner  Broad  and  Sansom  Streets. 

Chief.— Dr.  O.  H.  ALLIS. 

Telegraph  Operator. — W.  E.  Wineland. 

Aides.—Dr.  Wm.  M.  Sweet,  Dr.  Wm.  C.  Lott,  Dr.  Robert  P.  Robins,  Dr. 

Groome. 

Station  No.  9,  Broad  and  Callowhill  Streets. 

Chief.— Dr.  WM.  H.  ANGNEY. 

Telegraph  Operator. — H.  A.  Shinn. 

Aides.— Dr.  A.  B.  Hirsh,  Dr.  M.  H.  Bochrock,  Dr.  Wm.  Miller. 

Station  No.  10,  Broad  and  Fitzwater  Streets. 

Chief. — Dr.  CHAS.  B.  PENROSE. 

Telegraph  Operator. — 

Aides.— D\.  T.  S.  K.  Morton,  Dr.  H.  H.  Kynett,  Dr.  Alex.  McAllister. 

Station  No.  11,  Southeast  Corner  Broad  and  Sansom  Streets. 

Chief. — Dr.  ORVILLE  HORWITZ. 

Telegraph  Operator. — W.  E.  Wineland. 

Aides. — Dr.  Robert  E.  Coyle,  Dr.  W.  S.  Jones. 

Station  No.  12,  Broad  and  Washington  Avenue. 

Chief.— Dr.  W.  M.  L.  COPLIN. 

Telegraph  Operator. — J.  P.  McLoraine. 

Aides.—Dr.  Martin  Williams,  Dr.  B.  Frank  Scholl,  Dr.  J.  P.  Mann. 

Station  No    13,  Broad  and  Catharine  Streets, 

Chief. — Dr.  EUGENE  L.  VANSANT. 
Telegraph  Operator. — E.  Hudgins. 

Aides.— Dr.  G.  W.  Holland  Dr.  Wm.  H.  Capp,  Dr.  R.  A.  Taylor,  Dr. 
J.  F.  Bower. 

Station  No.  14,  Broad  and  Reed  Streets. 
Chief. — Dr.  WM.  E.  ASHTON. 
Telegraph  Operator. — J.  B.  McKeever. 

Aides.— Dr.  T.  G.  Ashton,  Dr.  R.  Percy  Crandall,  Dr.  T.  O.  Wetherley, 
Dr.  Gunter  Dr.  W.  R.  Powell. 


nr? 


MEDICAL  STATION. 

AMBULANCE. 

TELEGRAPH. 


PLAN  OF  DRESSING  STATIONS 

AT   THE 

CITY    HALL. 


CONSTITUTIONAL   CENTENNIAL   COMMISSION.  345 

Station  No.  15,  Broad  and  Reed  Streets. 

Chief.— Dr.  A.  L.  PIPER. 

Telegraph  Operator. — J.  B.  McKeever. 

Aides.— Dr.  Potts,  Dr.  Robert  O.  Kevin. 

Station  No.  16,  Broad  and  Morris  Streets. 

Chief. — Dr.  A.  HEWSON,  Jr. 

Telegraph  Operator. — A.  H.  Lang. 

Aides.— Dr.  Bayard  Murray,  Dr.  W.  Shippen,  Dr.  W.  J.  Holly. 

City  Hall  Staff. 

Chief. — Dr.  T.  H.  ANDREWS. 

Telegraph  Operator. — D.  K.  Teter. 

Aides.— Dr.  G.  Milton  Bradfield,  Dr.  Prevost,  Dr.  H.  A.  Slocum,  Dr.  L. 
Brinkman,  Dr.  R.  Thalheimer,  Dr.  W.  F.  Rea,  Dr.  D.  B.  Birney,  Dr.  L.  J. 
Deal,  Dr.  W.  H.  Teller,  Dr.  W.  R.  Cochran,  Dr.  H.  Augustus  Wilson. 

On  Friday,  the  surgeons  were  at  their  stations  by  nine  o'clock 
A.M.,  and  an  inspection  was  made  by  9.30,  and  completed  by  10.30. 
The  location  of  the  stations  was  as  follows:  Station  No.  i,  Broad 
and  Market  Streets ;  Station  No.  2,  Tenth  and  Market  Streets ; 
Station  No.  3,  Broad  and  Columbia  Avenue ;  Station  No.  4,  Broad 
and  Barclay  Streets  ;  Station  No.  5,  Broad  and  Girard  Avenue ; 
Station  No.  6,  Broad  and  Filbert  Streets ;  Station  No.  7,  Broad 
and  Wallace  Streets ;  Station  No.  8,  Broad  and  Sansom  Streets ; 
Station  No.  9,  Broad  and  Callowhill  Streets;  Station  No.  10, 
Broad  and  Fitzwater  Streets;  Station  No.  n,  Broad  and  Sansom 
Streets;  Station  No.  12,  Fifth  and  Market  Streets;  Station  No. 
13,  Broad  and  Catharine  Streets;  Station  No.  14,  Ninth  and 
Chestnut  Streets ;  Station  No.  1 5,  Seventh  and  Chestnut  Streets ; 
Station  16,  Fifth  and  Chestnut  Streets. 

The  ambulances  belonging  to  the  hospitals  concentrated 
around  the  Public  Buildings. 

On  Saturday  the  surgeons  and  ambulances  were  on  duty  at 

VOL.  i. — 45 


346  HISTORY  OF  THE 

8.30  A.M.  There  were  five  ambulances,  which  were  stationed  as 
follows :  One  at  each  of  the  entrances  of  the  Public  Buildings  and 
one  at  the  Hotel  Lafayette.  The  surgeons  not  attached  to  ambu- 
lances were  given  roving  commissions,  and  mixed  with  the  crowd, 
giving  aid  when  and  where  required.  After  the  President's  recep- 
tion at  the  City  Hall  the  stations  were  removed  to  the  State 
House,  four  ambulances  being  on  duty  at  that  point,  and  one 
remaining  at  the  south  entrance  of  the  City  Hall.  The  surgeons 
with  roving  commissions  were  placed  at  various  points  on  the  grand 
stand  in  Independence  Square  and  at  other  important  points. 

At  the  headquarters  of  the  Medical  Department  at  City  Hall 
a  reserve  corps  of  surgeons  (and  ambulances  kindly  loaned  by 
the  hospitals)  were  stationed  to  meet  pressing  emergencies  for 
medical  aid,  and  to  supply  stores  and  surgical  necessaries.  The 
staff  stationed  at  the  City  Hall  did  excellent  service,  and  had  their 
hands  full  of  women's  and  children's  cases,  owing  to  the  crowded 
state  of  the  stands.  The  police  force  co-operated  admirably  with 
the  medical  officers,  and  telegraphic  facilities  were  placed  at  their 
service  throughout  the  celebration. 

The  volunteer  service  was  organized  and  put  into  active  oper- 
ation, stores  collected,  ambulances  extemporized,  and  surgeons 
obtained  within  four  working  days,  with  the  result  of  relieving 
much  physical  suffering,  and  giving  a  feeling  of  confidence  to  the 
people  and  exhibitors. 

It  is  a  gratifying  fact  that,  although  there  were  nearly  a  million 
of  spectators  on  the  streets  and  stands,  the  number  of  casualties 
was  very  small,  and  but  few  the  result  of  personal  violence.  This 
is  strong  testimony  to  the  good  order  and  good  nature  which 
prevailed  among  the  vast  throng,  and  to  the  excellent  discipline 
and  arrangements  of  the  police  authorities.  There  was  at  all 
times  harmonious  action  between  the  telegraph  operators,  the 
police,  and  the  medical  staff;  while  the  facilities  afforded  by  the 
electrical  stations  prevented  the  possibility  of  any  delay  in  the 


CONSTITUTIONAL   CENTENNIAL   COMMISSION.  347 

treatment  or  transportation  of  the  injured.     It  is  to  be  hoped  that 
the  successful  result  of  this  telegraphic  system  of  medical  aid  will 

lead  to  a  similar  (but  permanent)  organization  in  every  city,  which 
could  be  made  available  in  case  of  riots  and  on  all  public  occasions. 

LIST  OF  CASUALTIES. 

Sept.  15.  Sept.  1 6.         Sept.  17. 
Bronchitis  (chronic)   .         .         .         .2 

Contused  wounds       .         .         .         .18  15               3 

Syncope 72  47             2O 

Hysteria 3  3               2 

Heat  exhaustion          ....     37  51              IO 

Alcoholism         .....       2  4               I 

Epilepsy 4  2               3 

Lacerated  wounds      ....       4  4              2 

Abrasion 2  I 

Shock 2  2 

Punctured  wounds      ....       2  I 

Nervous  prostration    ....       4  8 
Epileptiform  convulsions     .         .         .6 

Cardiac  syncope          ....       4  I 

Vertigo 2 

Fractures 2  4 

Concussion  of  brain                                     I  2 

Hemorrhage I  I 

Colic 2  2               i 

Dislocations I 

Incised  wounds 5  * 

Cerebral  anaemia         ....       2  I               I 
Sprain        .         .         .         .         .         -4 

Contusions 5  •••               l 

Haemoptysis I  I 

Cholera  morbus 2 

Mania I 

Sunstroke  .         .         .         .         .         ....  I 

Premature  labor          l 

Diarrhoea 

Chill  .....                 ....  2 

Hernia l 

Dementia   .         .        .        

192  159            45 
Grand  total  for  three  days,  396. 


348 


HISTORY  OF  THE 


I  append  herewith  the  reports  of  the  Executive  and  Transporta- 
tion Sub-Committees,  and  of  Dr.  Ashton,  the  inspecting  medical 
purveyor. 

It  is  proper  to  state,  in  conclusion,  that  the  success  of  this 
organization  was  largely  due  to  the  efficiency  of  the  Western 
Union  Telegraph  Company  and  its  operators ;  to  the  aid  of  the 
police  and  the  patrol,  who  did  everything  to  preserve  discipline  ;  to 
the  generous  donations  of  medical  and  other  stores ;  the  loan  of 
light  wagons  as  temporary  ambulances ;  the  earnest  co-operation 
of  the  officers  of  the  Constitutional  Centennial  Commission,  and 
to  the  medical  gentlemen  who  have  so  zealously  served  with  me 
during  the  celebration. 

C.  J.  CLEBORNE,  M.D., 

Medical  Director. 
THOS.  H.  ANDREWS,  M.D., 

Secretary  and  Treasurer. 

DRESSING-STATION   OUTFIT. 

LIST  OF  ARTICLES. 

Aqua  ammonia.  Candles. 

Spirits  of  camphor.  Bicarbonate  of  soda. 

Adhesive  plaster.  Screw-driver. 

Tow  (marine  lint).  Towels. 

Tourniquets.  Soap. 

Whiskey.  Nails  and  staples  for  red-cross  flag. 

Five  gallons  of  spring  water.  Red-cross  flag. 

Basins  and  drinking-cups.  Aromatic  spirits  of  ammonia. 

Quin{ne.  Styptic  colloid. 

Valerianate  of  ammonia.  Absorbent  lint. 

Tinct  Opii  Camph.  Splints. 

Tinct.  digitalis.  Absorbent  cotton. 

Two  blankets.  Beef,  wine,  and  iron. 

Pins-  Roller  bandages. 

Two  spoons.  Sponges. 
Half  gallon  of  water  (ambulance  use).     Morphia,  one-quarter-grain  tablets. 


CONSTITUTIONAL   CENTENNIAL   COMMISSION. 


349 


Morphia,      one-sixth-grain 

(hypodermic). 
Tinct.  Jamaica  ginger. 
Fluid  extract  of  ergot. 
Ice. 

Monsel's  solution. 
Measure-spoon. 
Fans. 
Corkscrew. 


tablets     Cocaine  solution,  four  per  cent,  and 

two  per  cent. 
Camp-stool. 
Cotton  batting. 
Scissors. 

Carron  oil  or  Sat.  Sol.  Soda. 
Ambulance  sign. 
Ambulance. 


VOLUNTEER    MEDICAL    CORPS    FOR    SERVICE    DURING 
THE   CONSTITUTIONAL   CENTENNIAL   CELEBRATION. 

ORGANIZATION. 

The  VOLUNTEER  MEDICAL  and  SURGICAL  STAFF  shall  be  under 
the  exclusive  control  of  a  MEDICAL  DIRECTOR,  who  shall  make  the 
necessary  detail  of  officers,  and  give  such  instructions  as  shall  best 
secure  prompt  aid  in  case  of  accident  or  injury. 

The  volunteer  physicians  and  surgeons  shall  report  in  person 
(at  the  committee  room,  City  Hall)  to  the  medical  director  on  the 
morning  of  September  15  (and  at  such  times  as  may  be  neces- 
sary), to  receive  instructions  and  assignment  to  stations. 

A  "  DRESSING  STATION,"  distinguished  by  a  red-cross  flag,  will 
be  established  at  each  "  electrical  station"  along  the  route  of  the 
procession. 

TELEGRAPH. — There  are  fifteen  "electrical  stations"  on  Broad 
Street,  to  each  of  which  an  operator  will  be  attached,  with  in- 
structions to  co-operate  with  the  medical  officer  of  the  station. 
In  case  of  serious  accident  or  injury  requiring  additional  medical 
assistance  or  ambulances,  the  electrician,  upon  the  application  of 
the  medical  officer  in  charge,  shall  telegraph  to  other  "dressing 
stations"  (or  to  the  hospitals)  for  aid,  if  necessary. 

POLICE. — A  special  police  force  will  be  detailed  at  each  station, 
with  instructions  to  co-operate  with  the  medical  staff,  to  preserve 
order,  to  pass  all  persons  bearing  the  "  red-cross"  badge,  to  keep 


HISTORY  OF  THE 

clear  a  space  for  the  treatment  of  accidents,  and  to  allow  free 
ingress  and  egress  to  the  medical  officers  and  ambulances. 

DRESSING  STATIONS. — Each  station  shall  be  under  the  charge 
and  control  of  a  medical  officer,  who  shall  be  assisted  by  one  or 
more  aides.  Medical  officers  and  their  aides  must  supply  themselves 
with  pocket-cases  (fully  equipped  with  needles,  ligatures,  etc.),  but 
an  outfit  of  necessary  drugs,  stimulants,  and  surgical  appliances 
will  be  supplied,  sufficient  for  emergencies  and  "first  dressings." 

Each  medical  officer  in  charge  of  a  station  will  receive  a  copy 
of  this  circular  and  a  list  of  articles  in  the  medical  outfit,  for  the 
return  of  which  he  will  be  responsible. 

AMBULANCES. — An  ambulance  or  police  patrol-wagon  will  be 
stationed  at  or  near  each  "dressing  station,"  which  shall  be  at  the 
disposal  of  the  medical  officer  in  charge,  upon  application  to  the 
police  in  attendance. 

In  case  of  serious  accident  or  injury,  a  "first  dressing"  is  to 
be  applied,  and  the  case  is  to  be  at  once  transferred  to  an  ambu- 
lance or  patrol-wagon,  and  sent  to  the  nearest  hospital,  hotel,  or 
police  station.  No  ambulance  shall  be  permitted  to  go  to  a  resi- 
dence a  farther  distance  than  five  squares. 

After  the  parade  or  procession  has  passed,  each  medical  officer 
in  charge  of  a  station  shall  see  that  the  medical  outfit  (or  chest  of 
stores)  is  taken  back  to  the  committee  room  at  the  City  Hall  by 
one  of  the  patrol-wagons  or  ambulances,  and  shall  report  to  the 
medical  director  the  same  afternoon  a  list  of  casualties  and  cases 

sent  to  hospital. 

C.  J.  CLEBORNE,  M.D., 

Medical  Director. 

"  PHILADELPHIA,  September  22,  1887. 

"  DR.  C.  J.  CLEBORNE, 

"  Ctiairman  of  the  Medical  Committee,  Constitutional  Centennial  Com- 
mission : 

"DEAR  SIR, — In  pursuance  of  instructions  received,  the  committee  organ- 
ized, appointing  Dr.  Stryker  secretary.  It  was  agreed  that  an  inspecting 


CONSTITUTIONAL   CENTENNIAL  COMMISSION.  351 

tour  of  the  entire  line  on  Broad  Street  be  made  at  an  early  hour  on  the 
morning  of  the  1 5th  inst.  Accordingly,  at  eight  o'clock  on  that  day  the 
members  of  the  committee  were  driven  in  carriages  to  the  northern  end 
of  the  line,  and  from  that  point  proceeded  to  inspect  the  stations  in  the 
following  order:  Drs.  Stryker  and  Andrews  inspected  the  stations  on  the 
west  side  of  the  street,  and  Drs.  Evans,  Taylor,  and  the  chairman  inspected 
those  on  the  east  side.  Each  physician  in  charge  of  the  station  was  inter- 
viewed, and  the  instruction  previously  given  him  reiterated.  He  was  to  be 
sure  of  the  understanding  respecting  the  manner  of  telegraphing  to  head- 
quarters, and  to  know  of  the  locality  of  the  physicians  posted  near  him. 
He  was  to  be  sure  of  his  position  to  that  of  the  nearest  hospital,  and  the  best 
means  of  reaching  it.  He  was  to  know  how  to  procure  ice,  and  especially 
to  obey  the  later  instructions  given  him  respecting  the  use  of  the  ambulance. 

"At  the  time  the  inspection  began  the  relations  agreed  upon  to  exist 
between  the  police  and  the  physicians  did  not  appear  to  be  understood. 
Notice  of  this  defect  having  been  communicated  to  headquarters,  the  com- 
mittee found  that  at  stations  near  the  centre  of  the  line  the  defect  was 
remedied. 

"  During  the  remainder  of  the  celebration  the  committee's  duties  were 

advisory. 

"  Respectfully  submitted, 

"HARRISON   ALLEN, 
"  Chairman  of  the  Executive  Committee. 
"S.   S.  STRYKER, 
"THOS.   H.   ANDREWS, 
"HORACE  Y.   EVANS, 
"J.   HOWARD   TAYLOR, 

"  Members" 


"  MEDICAL  COMMITTEE  ROOM, 

"  CITY  HALL,  September  22,  1887. 

"DR.  C.  J.  CLEBORNE, 

"  Chairman  of  the  Medical  Committee  of  the  Constitutional  Centennial 
Commission : 

«  SIR, — The  Committee  on  Transportation  would  report  that  they  suc- 
ceeded in  obtaining  from  the  Philadelphia  Hospital  a  supply  of  stretchers 
sufficient  to  meet  the  needs  of  the  occasion.  The  excellent  system  by 


HISTORY  OF  THE 

which  the  ambulances  were  made  so  promptly  available,  in  cases  of  illness 
or  accident,  rendered  further  action  on  the  part  of  the  committee  unneces- 
sary. 

"  Respectfully, 

"J.   WILLIAM   WHITE, 

"  Chairman, 
"J.   L.   LUDLOW, 
"D.   HAYES   AGNEW, 
"S.   S.   STRYKER, 
"WM.   G.   PORTER, 

"  Members" 

"PHILADELPHIA,  September  21,  1887. 

"  DR.  C.  J.  CLEBORNE,  Medical  Director: 

"SiR, — I  have  the  honor  to  acknowledge  the  receipt  of  drugs,  sur- 
gical instruments,  and  various  supplies  from  John  Wyeth  &  Sons,  Frank 
Morgan,  Moore  &  Sinnott,  Wm.  R.  Warner  &  Co.,  H.  Ashmead,  Stryker 
&  Ogden,  James  T.  Shinn,  J.  F.  Hayes,  George  Evans,  Seabury  &  John- 
son, George  I.  McKelway,  Bullock  &  Crenshaw,  French,  Richards  &  Co., 
A.  L.  Helmbold,  H.  C.  Blair's  Sons,  John  Wanamaker,  William  H.  Snow- 
den,  Sharpless  &  Sons,  Strawbridge  &  Clothier,  J.  H.  Gemrig  &  Son,  E. 
A.  Yarnall,  George  Fries  &  Sons,  Jacob  Shannon,  Murphy  &  Sons,  and  W. 
H.  Llewellyn.  Ambulances  were  placed  at  our  disposal  through  the  kind- 
ness of  George  Roney,  superintendent  of  Blockley  Almshouse,  Mr.  Hack- 
enburg,  of  the  Jewish  Hospital,  and  Mr.  Walk,  superintendent  of  the 
Presbyterian  Hospital.  John  Wanamaker,  Wm.  R.  Warner  &  Co., 
and  the  Union  Transfer  Company  kindly  sent  us  wagons,  which  were 
used  for  ambulance  service  at  the  various  stations. 

"  On  Thursday,  the  first  day  of  the  celebration,  the  surgeons,  with 
their  aides,  ambulances,  and  supplies,  were  at  their  respective  stations  by 
eight  A.M.  ;  an  inspection  was  begun  at  8.30  A.M.,  and  finished  by  ten  o'clock. 
During  the  day  the  stations  were  inspected  as  often  as  was  found  necessary. 

"  On  Friday  the  surgeons  were  at  their  stations  by  nine  A.M.  ;  an  inspec- 
tion was  made  by  9.30,  and  completed  by  10.30. 

"  On  Saturday  the  surgeons  and  ambulances  were  on  duty  by  8.30  A.M. 
There  were  five  ambulances,  which  were  stationed  as  follows :  One  at  each 
of  the  entrances  of  the  Public  Buildings  and  one  at  the  Hotel  Lafayette. 


FIFTH  STREET. 

WALNUT                                    STREET. 

SIXTH  STREKT. 

*»•  — 

• 

SANSOM  STREET. 

LIBRARY  STREET. 

LNDEPENDENC 

SQUARK. 

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*      *      »      »      * 

STATE           _, 

3-1   HOUSE- 

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Q    MEDICAL  STATION. 
•     AMBULANCE. 

CHESTNUT                                STREET. 

o     TKLKURAl-H.                       PLAN   OF   DRESSING  STATIONS   AT   INDEPENDENCE   SQUARE. 

CONSTITUTIONAL   CENTENNIAL    COMMISSION.  353 

The  surgeons  not  attached  to  ambulances  were  given  roving  commissions, 
and  mixed  with  the  crowd,  giving  aid  when  and  where  required.  After 
the  President's  reception,  at  the  City  Hall,  the  ambulances  and  stations 
were  removed  to  the  State  House,  four  ambulances  being  on  duty  at  that 
point,  the  remainder  at  the  south  entrance  of  the  City  Hall.  The  surgeons 
with  roving  commissions  were  placed  at  various  points  on  the  grand  stand 
and  elsewhere. 

"  My  duties  as  inspector  were  greatly  facilitated  by  the  uniform  kind- 
ness and  courtesy  of  the  Police  Department.  Mr.  Maltby  and  Captain 
Baker,  of  the  Hotel  Lafayette,  were  particularly  kind  in  their  attention, 
giving  all  possible  aid  in  the  way  of  ice,  etc.,  as  well  as  luncheon  to  the 
surgeons.  I  am  indebted  to  Messrs.  Moore  &  Sinnott  for  the  form  in 
which  their  whiskey  was  sent,  as  it  greatly  aided  me  in  placing  it  at  the 
various  stations. 

"  During  the  three  days  of  the  celebration  I  was  constantly  on  duty, 
visiting  and  inspecting  the  stations  and  keeping  them  in  proper  working 
order,  besides  rendering  personal  assistance  in  several  instances.  On 
Friday,  after  the  inspection  of  the  stations,  I  was  on  duty  at  the  Presi- 
dent's stand  during  the  whole  of  the  parade,  to  render  him  assistance  in 
case  of  an  accident.  After  his  reception  at  the  City  Hall,  on  Saturday,  I 
accompanied  the  President  and  Mrs.  Cleveland  to  Independence  Hall,  and 
remained  near  them  during  the  exercises,  after  which  I  returned  with 
them  to  the  Hotel  Lafayette,  and  then  reported  at  City  Hall. 

"Thanking  you  for  your  courtesy  to  me  and  assistance  in  my  work, 

I  am, 

"  Respectfully, 

"WILLIAM   E.   ASHTON, 

"Medical  Purveyor" 

"PHILADELPHIA,  September  21,  1887. 

"DR.  C.  J.  CLEBORNE,  U.S.N. : 

"  DEAR  SIR, — We  take  pleasure  in  transmitting  to  you  a  copy  of  a 
resolution  adopted  by  the  Constitutional  Centennial  Commission,  and  can- 
not allow  this  opportunity  to  pass  without  expressing  our  appreciation  of 
the  great  value  of  the  service  rendered  by  you  in  suggesting  and  efficiently 
carrying  into  execution  the  details  of  a  most  important  department,  which 
contributed  largely  to  the  comfort  and  safety  of  all  those  who  participated, 

VOL.  I. — 46 


HISTORY  OF  THE 

whether  as  actors  or  as  spectators,  relieving  us  of  the  burden  of  a  great 
anxiety  and  placing  us  under  many  obligations  to  you. 
"  We  are,  sir, 

"  Most  sincerely  yours, 

"JOHN  A.  KASSON, 

"  President  Constitutional  Centennial  Commission. 
"AMOS   R.  LITTLE, 

"  Chairman  Executive  Committee. 
"  HAMPTON   L.  CARSON, 
" Secretary  Constitutional  Centennial  Commission" 

"  Resolved,  That  the  Constitutional  Centennial  Commission,  recognizing 
the  extraordinary  and  laborious  services  rendered  in  aid  of  the  success  of  the 
constitutional  celebration  by  Medical-Inspector  C.  J.  Cleborne,  U.S.N.,  chair- 
man of  the  Medical  Relief  Committee,  hereby  instructs  the  secretary  of  this 
body  to  communicate  to  him  our  high  appreciation  of  his  services,  together 

with  the  thanks  of  the  Commission." 

"  PHILADELPHIA,  September  22,  1887. 

"  HON.  JOHN  A.  KASSON,  President  of  the  Constitutional  Centennial  Commis- 
sion, AMOS  R.  LITTLE,  and  HAMPTON  L.  CARSON,  Esquires : 

"  GENTLEMEN, — I  have  the  honor  to  acknowledge  the  receipt  of  your 
esteemed  and  very  complimentary  letter  of  the  2ist  inst,  enclosing  a  copy 
of  a  resolution  adopted  by  the  Constitutional  Centennial  Commission.  It  is 
very  gratifying  to  me  to  receive  from  you  such  a  cordial  expression  of  your 
appreciation  of  my  services,  and  of  the  valuable  aid  afforded  by  the  volun- 
teer medical  corps,  to  whose  individual  exertions,  enthusiasm,  and  interest 
is  due  the  success  of  the  organization. 

"  In  conclusion,  allow  me  to  congratulate  you  and  the  Commission  on 
the  happy  result  of  your  arduous  labors,  which  insured  the  success  of  the 
grandest  celebration  of  the  century. 

"Thanking  you  sincerely  for  your  appreciation,  earnest  support,  and 
co-operation, 

"  I  am,  gentlemen, 

"  Your  most  obedient  servant, 

"  C.  J.  CLEBORNE,  M.D., 

"  Medical  Director  United  States  Navy,  Chairman  of  Medical  Committee. 
"THos.  H.  ANDREWS,  M.D., 

"  Secretary  and  Treasurer  of  Medical  Committee" 


CONSTITUTIONAL   CENTENNIAL  COMMISSION.  355 


REPORT  OF  THE   COMMITTEE  OF   RECEPTION  OF   GUESTS. 

"PHILADELPHIA,  1888. 
"  HON.  JOHN  A.  KASSON,  PRESIDENT,  AND  THE  MEMBERS  OF  THE 

CONSTITUTIONAL  CENTENNIAL  COMMISSION  : 

"GENTLEMEN, — The  chairman  of  the  Reception  Committee  of 
the  Constitutional  Centennial  Celebration  was  appointed  under 
the  following  authorization  : 

"CONSTITUTIONAL   CENTENNIAL   COMMISSION, 

"  907  WALNUT  STREET,  PHILADELPHIA,  August  i,  1887. 
"THOMAS  M.  THOMPSON,  ESQ.: 

"  DEAR  SIR, — You  are  hereby  duly  appointed  and  commissioned  to  act 
as  chairman  of  the  committee  charged  with  the  reception  of  invited  guests 
and  the  providing  of  hotel  accommodations  during  the  ceremonies  com- 
memorative of  the  framing  and  promulgation  of  the  Constitution  of  the 
United  States. 

"  You  are  also  fully  empowered  to  organize  your  own  committee,  to  call 
to  your  aid  all  necessary  assistants,  to  arrange  all  details,  and  to  prepare 
estimates  of  the  probable  expense,  which  are  to  be  duly  submitted  to  the 
Constitutional  Centennial  Commission  for  action. 

"  We  are,  with  sentiments  of  respect, 

"  Your  obedient  servants, 

"JOHN  A.  KASSON, 
"  President  of  the  Constitutional  Centennial  Commission. 

"AMOS   R.  LITTLE, 
"  Chairman  of  the  Executive  Committee. 
"HAMPTON   L.  CARSON, 

"  Secretary" 

"  CONSTITUTIONAL  CENTENNIAL  COMMISSION, 
"907  WALNUT  STREET,  PHILADELPHIA,  August  i,  1887. 

"  THOMAS  M.  THOMPSON,  ESQ.  : 

DEAR  SIR, — In  enclosing  your  commission  as  chairman  of  the  com- 
mittee upon  the  reception  of  invited  guests  and  the  providing  of  hotel 


HISTORY  OF  THE 

accommodations,  it  is  suggested  for  your  consideration  that  you  should 
obtain  a  written  assurance  from  the  principal  hotels  that  no  other  than 
their  ordinary  and  customary  charges  shall  be  exacted  during  the  cen- 
tennial week  from  visitors  to  our  city.  It  is  also  suggested  that  you  obtain, 
by  advertisement  or  otherwise,  as  deemed  best,  a  list  of  all  houses  of  enter- 
tainment, public  or  private,  which  will  receive  guests  on  that  occasion,  the 
number  each  may  entertain,  and  the  rates  of  charge. 

"  It  is  also  suggested  that  your  committee  shall  ascertain  that  the  char- 
acter of  such  houses  is  satisfactory. 

"  Very  respectfully  yours, 

"AMOS   R.  LITTLE, 

"  Chairman  Executive  Committee. 
"HAMPTON   L.  CARSON, 

Secretary" 

He  accepted  the  appointment  in  the  following  letter : 

-   "  PHILADELPHIA,  August  4,  1887. 

"  HON.  JOHN  A.  KASSON, 

"  President  Constitutional  Centennial  Commission : 

"  MY  DEAR  SIR, — I  have  received  the  notice  of  my  appointment  as 
chairman  of  the  Reception  Committee  of  the  Constitutional  Centennial  Cele- 
bration, and  hereby  accept  the  same.  I  fully  appreciate  the  responsibilities 
of  the  position,  and  it  shall  be  my  pleasure  to  do  my  utmost,  both  in  the 
selection  of  citizens  of  a  representative  character  for  service  upon  the  com- 
mittee, and  in  the  exercise  of  my  best  judgment  in  furthering  the  purposes 
of  your  Commission  in  connection  with  the  labor  of  this  committee.  As  a 
citizen  I  feel  an  honest  pride  in  the  reputation  of  our  beloved  city  for 
genuine  hospitality,  and  it  shall  be  my  aim,  in  the  execution  of  the  impor- 
tant matters  referred  to  this  committee,  to  see  that  this  reputation  is  not 
tarnished  by  any  act  of  omission  or  commission  on  its  part.  Any  mere 
lavish  display,  which  often  offends,  should  be  avoided. 

"A  hearty  greeting  will  give  sincere  pleasure  and  contribute  in  the 
highest  degree  to  the  enjoyment  of  our  guests.  I  respectfully  submit  the 
names  of  the  gentlemen  who  have  consented  to  serve  upon  the  committee, 
and  also  herewith  enclose  a  draft  of  the  various  matters  which  in  the  judg- 


CONSTITUTIONAL    CENTENNIAL   COMMISSION. 


357 


rnent  of  your  committee  will  properly  be  within  its  province,  and  its  pro- 
posals in  reference  thereto. 

"  Asking  your  approval  of  the  same,  I  am, 

"  Very  respectfully,  yours, 

"THOS.   M.   THOMPSON." 

Having  accepted  the  position,  the  chairman,  after  careful 
deliberation,  selected  the  following  gentlemen  as  members  of  the 
Reception  Committee,  believing  them  to  be  fit  representatives  of  the 
best  business  and  professional  element  of  the  city  of  Philadelphia, 


George  W.  Childs, 
George  B.  Roberts, 
Anthony  J.  Drexel, 
John  Baird, 
William  Massey, 
Henry  C.  Gibson, 
John  T.  Lewis, 
W.  W.  Frazier, 
Joseph  W.  Lewis, 
D.  B.  Cummins, 
Edward  Shippen, 
B.  K.  Jamison, 
R.  Dale  Benson, 
Wharton  Barker, 
William  Brockie, 
Hon.  Wm.  B.  Hanna, 
Hon.  D.  Newlin  Fell, 
Hon.  Michael  Arnold, 
Aaron  Fries, 
Charles  J.  Harrah, 


Alex.  P.  Brown, 
John  W.  Patton, 
Thomas  C.  Else, 
George  Watson, 
W.  T.  Carter, 
W.  E.  Garrett, 
William  J.  Lloyd, 
Andrew  Wheeler, 
David  W.  Sellers, 
John  C.  Bullitt, 
J.  B.  Sinnott, 
Samuel  Dickson, 
John  Cadwalader, 
Thomas  L.  Gillespie, 
Winthrop  Smith, 
Richard  A.  Lewis, 
Francis  W.  Kennedy, 
Wm.  H.  Lucas, 
Dr.  S.  Weir  Mitchell, 
George  H.  Stuart, 


Col.  Chas.  H.  Banes, 
Wm.  Waterall, 
Samuel  Lees, 
William  Wood, 
Wm.  S.  Reyburn, 
John  W.  Woodside, 
F.  W.  Reeves, 
Walter  G.  Wilson, 
William  H.  Hurley, 
William  H.  Staake, 
Lewis  A.  Thompson, 
Mason  Hirsh, 
James  A.  Freeman, 
John  C.  Kelley, 
Dr.  Da  Costa, 
Jos.  F.  Tobias, 
W.  C.  Houston,  Jr. 
John  Huggard, 
Joseph  G.  Ditman, 
P.  P.  Bowles. 


All  of  the  gentlemen  thus  appointed  cheerfully  accepted  and 
earnestly  co-operated  with  the  chairman  in  so  performing  the 
duties  of  the  committee  as  to  insure  the  comfort  and  enjoyment  of 
guests  during  their  stay  in  the  city  of  Philadelphia. 


HISTORY  OF  THE 

The  committee  first  met  on  the  ninth  day  of  August,  A.D. 
1887,  at  the  office  of  William  H.  Staake,  Esq.,  No.  229  South 
Sixth  Street,  when  the  following  action  was  taken  : 

William  H.  Staake,  Esq.,  was  elected  secretary  of  the  com- 
mittee. 

It  was  determined  that  the  division  into  sub-committees  be 
made  as  suggested  by  the  chairman  ;  that  the  formal  part  of  the 
chairman's  schedule  of  the  committee's  duties  be  approved. 

That  twenty-five  aides  for  the  two  evening  receptions  only 
should  be  appointed  by  the  chairman. 

That  the  matter  of  selecting  appropriate  badges  be  referred  to 
Colonel  Chas.  H.  Banes,  in  connection  with  the  chairman,  with 
power  to  act. 

The  chairman  was  further  instructed  to  secure  Parlor  C,  Con- 
tinental Hotel,  as  headquarters  for  the  Reception  Committee. 
Subsequently,  Parlor  C,  Hotel  Lafayette,  was  selected. 

The  committee  recommended  that  the  evening  for  the  Presi- 
dent's reception,  viz.,  Thursday,  instead  of  Friday,  precede  the 
governor's  reception,  but  this  was  found  impossible,  by  reason  of 
the  engagements  of  the  President. 

That  all  foreign  consuls  should  be  invited  to  the  President's 
reception. 

That  suitable  programmes  for  guests  should  be  provided. 

That  invitations  to  the  reception  should  be  sent  to  the  follow- 
ing classes  of  persons,  viz. : 

1.  Members  of  the  Citizens  Committee. 

2.  Contributors. 

3.  Committee  and  sub-committees. 

4.  Invited  guests  of  Commission. 

5.  Each   and   every  person,   other  than   citizens   of  Philadelphia,   as 
directed  by  the  Commission  or  the  Executive  Committee. 

6.  State  legislators. 

7.  Municipal  authorities,  mayor,  and  councils. 


CONSTITUTIONAL   CENTENNIAL   COMMISSION.  359 

8.  Judges  of  our  courts. 

9.  Press. 

10.  Foreign  consuls. 

11.  Official  head  of  every  organization  in  the  city  of  Philadelphia. 

1 2.  Prominent  strangers  visiting  the  city. 

The  chair  was  authorized  to  appoint  such  sub-committees  as 
he  might  deem  proper  to  carry  into  effect  the  action  of  this  com- 
mittee. 

An  Executive  Committee  was  appointed,  as  follows  : 

B.  K.  Jamison,  James  A.  Freeman, 

William  H.  Staake,  Thomas  L.  Gillespie, 

Charles  H.  Banes,  Alexander  P.  Brown, 

John  W.  Woodside,  Charles  J.  Harrah, 

William  H.  Hurley,  John  Huggard, 

Richard  A.  Lewis. 

The  following  gentlemen  were  named  by  the  chairman  as  aides 
to  the  Reception  Committee,  viz. : 

William  A.  Edwards,  M.D.,  Chairman. 

Joseph  M.  Patterson,        Talcott  Williams,  Edw.  H.  Rowley,  Jr., 

Wm.  H.  Klapp,  M.D.,       Lincoln  L.  Eyre,  Frs.  Rawle  Pemberton, 

Sylvester  Bonnaffon,  Jr.,  Wm.  L.  Tete,  Chas.  H.  Howell, 

Percy  Keating,                   Merle  Middleton,  Albert  Wagner, 

Henry  T.  Dechert,            J.  M.  Cardeza,  W.  H.  H.  Cline, 

Anthony  M.  Hance,          Frank  Campbell,  Fredk.  Morton  Fox, 

Frank  McLaughlin,  Jr.,    J.  Curtis  Patterson,  Thomas  A.  Edwards, 

Westcott  Bailey,                W.  W.  Fitler,  Samuel  B.  Huey, 

Frank  Snowden,               John  S.  Fisher,  Wm.  Barton  Hopkins.- 
A.  Maxwell  Sheppard,      Thomas  Wetherill, 

After  a  careful  survey  of  the  situation,  the  chairman  of  the 
committee,  on  August  29,  submitted  to  your  honorable  body  the 
following  preliminary  report : 


HISTORY  OF  THE 

"  PHILADELPHIA,  August  29,  1887. 
"To  THE  PRESIDENT  AND  MEMBERS  OF  THE  CONSTITUTIONAL  CENTENNIAL 

COMMISSION  : 

"GENTLEMEN, — I  most  respectfully  submit  for  your  examination  and 
approval  the  following  synopsis  of  what  I  apprehend  to  be  the  functions  of 
the  committee  of  which  I  have  the  honor  of  being  chairman,  and  also  cer- 
tain details  connected  with  the  President's  and  the  governor's  receptions,  to 
which  your  attention  is  invited,  and  for  which  your  approval  and  confirma- 
tion are  respectfully  requested : 

"  DUTIES. 

"To  report  to  the  Commission  or  its  Executive  Committee  a  list  of 
rooms,  which  have  been  secured  for  invited  guests.  (It  is  assumed  that  the 
Executive  Committee  will  make  the  respective  assignments  and  advise  the 
guests,  the  hotel  proprietors,  and  this  committee  of  such  assignments.)  To 
keep  a  record  of  all  specially-invited  guests  who  have  accepted  the  invita- 
tion of  the  Commission  and  of  the  places  where  they  are  located ;  to  meet 
the  specially-invited  guests  on  their  arrival  in  Philadelphia  and  escort  them 
to  the  hotels  assigned  them,  seeing  that  they  are  made  comfortable,  and 
doing  everything  to  conduce  to  their  pleasant  entertainment  while  in  our 
city. 

"  To  have  all  of  the  specially-invited  guests  present  at  the  times  and 
places  designated  in  the  order  of  exercises  for  the  different  days  of  the 
celebration. 

"  To  take  charge  of  the  details  in  connection  with  the  President's  and 
the  governor's  receptions,  and  to  make  all  arrangements  requisite  for  a 
successful  holding  of  the  same. 

"DETAILS,  WEDNESDAY,   SEPTEMBER    14,    1887. 

"Should  the  President  of  the  United  States  determine  to  come  to 
Philadelphia  on  this  day,  a  sub-committee  will  be  appointed  to  visit  Wash- 
ington and  escort  him  and  other  prominent  guests  to  our  city,  secure  special 
cars  for  their  accommodation,  and  do  everything  to  make  their  journey 
pleasant  and  agreeable. 

"  Sub-committees  from  this  Reception  Committee  will  be  appointed  to 
especially  receive  the  President  of  the  United  States,  the  members  of  his 
cabinet,  the  justices  of  the  Supreme  Court  of  the  United  States,  the  gov- 
ernors of  the  respective  States,  the  ministers  and  consuls  of  foreign  gov- 


CONSTITUTIONAL   CENTENNIAL   COMMISSION.  361 

ernments,  and  the  cardinal,  bishops,  and  other  high  ecclesiastical  dignitaries, 
and  pay  them  special  attention  during  the  celebration. 

"THURSDAY,   SEPTEMBER    15,   1887. 

"  All  of  the  specially-invited  guests  will  be  requested  to  meet  at  a  hotel 
or  hall  to  be  designated,  where  an  address  of  welcome  will  be  delivered  by 
his  Excellency,  Governor  Beaver,  who  will  be  introduced  by  his  Honor, 
Mayor  Fitler.  The  guests  will  then  be  escorted  to  the  '  grand  stand/  to 
view  the  '  industrial  display.'  (As  this  procession  will  take  many  hours  to 
pass,  the  committee  have  secured  a  location  from  which  the  President  and 
Mrs.  Cleveland  can  view  the  procession,  where  it  will  be  more  pleasant  and 
congenial  for  them  than  upon  the  grand  stand.) 

"RECEPTION   AT   THE   ACADEMY   OF   FINE   ARTS   BY   GOVERNOR  JAMES   A. 
BEAVER,   THURSDAY   EVENING,   SEPTEMBER    15,    1887. 

"  This  is  intended  as  a  popular  reception,  and  will  be  for  gentlemen 
only,  no  tickets  of  admission  being  required,  the  participants  complying 
with  the  rules  and  regulations  of  the  Reception  Committee. 

"  The  decorations  will  consist  of  a  tasteful  floral  display. 

"  An  awning  will  be  provided  for  the  front  of  the  Academy. 

"  The  music  will  be  furnished  by  an  orchestra. 

"  The  doors  will  open  at  8.30  P.M. 

"The  reception  will  be  from  nine  until   11.30  P.M. 

"  A  sub-committee  from  the  Reception  Committee  will  escort  Governor 
Beaver  to  the  Academy. 

"  Provision  for  the  presence  of  detectives  and  the  safety  and  comfort 
of  the  participants  will  be  made. 

"MILITARY   DAY,   FRIDAY,   SEPTEMBER    16,    1887. 

"  The  committee  will  arrange  for  the  President  and  other  guests  to  view 
the  parade  from  the  grand  stand.  The  Commercial  Exchange,  of  Philadel- 
phia, in  behalf  of  the  business  community  of  the  city,  desire  to  pay  their 
respects  to  his  Excellency  the  President  of  the  United  States,  and  propose 
that  a  reception  shall  be  held  at  the  Commercial  Exchange  on  the  morning 
of  Friday,  September  16,  1887,  at  9.30  o'clock,  when  and  where  the  Presi- 
dent will  be  asked  to  receive  the  members  of  the  Exchange  and  of  similar 
business  organizations.  This  reception  will  terminate  in  time  to  permit  the 
President  to  be  on  the  grand  stand  for  the  review  of  the  military  display. 
VOL.  i. — 47 


362 


HISTORY  OF  THE 


"RECEPTION  TENDERED  TO  THE   PRESIDENT  OF  THE  UNITED   STATES, 
FRIDAY,  SEPTEMBER,   16,    1887. 

"A  full-dress  reception  to  the  President  of  the  United  States  of 
America  will  be  held  at  the  American  Academy  of  Music,  Broad  and 
Locust  Streets,  on  the  evening  of  Friday,  September  16,  1887. 

"  Admission  to  the  Academy  will  be  by  ticket,  to  be  procured  from  the 
Reception  Committee.  A  careful  record  will  be  kept  of  all  tickets  issued 
and  of  persons  receiving  the  same.  Tickets  will  not  be  transferable. 

"Tickets  will  be  sent  by  the  committee  to  the  following  persons: 

"  Members  of  the  cabinet  of  the  President. 

"  Justices  of  the  Supreme  Court  of  the  United  States. 

"  Governors  of  the  respective  States  and  their  staffs. 

"Commissioner  from  each  State  and  Territory. 

"  Senators  of  the  United  States. 

"  Members  of  the  national  House  of  Representatives. 

"  Members  of  the  diplomatic  corps. 

"  Ministers  and  ambassadors  from  foreign  governments  to  the  United 
States. 

"  Mayors  of  the  principal  cities  of  the  United  States. 

"  Members  of  the  Legislature  of  Pennsylvania. 

"  Mayor  and  councils  of  the  city  of  Philadelphia. 

"  The  judiciary  of  the  commonwealth  of  Pennsylvania. 

"  Each  specially-invited  guest  of  the  Commission  not  included  in  the 
other  classes  named. 

"  Each  member  of  the  Citizens  Committee. 

"  Each  contributor. 

"  Each  member  of  the  committees  authorized  by  the  Commission. 

"  The  official  head  of  various  prominent  organizations  in  Philadelphia. 

"  Prominent  strangers  in  Philadelphia  whose  names  are  presented  to 
the  Reception  Committee. 

"  To  the  citizens  of  Philadelphia,  in  such  measure  as  the  issue  of  tickets 
may  admit  after  provision  for  the  foregoing  classes. 

"  TICKETS. 

"  Each  ticket  will  admit  a  gentleman  and  one  lady.  Separate  tickets  for 
ladies  may  be  had  upon  application.  Tickets  will  be  received  at  both 


CONSTITUTIONAL    CENTENNIAL   COMMISSION.  363 

entrances  to  the  Academy,  viz.,  Broad  Street  entrance  for  the  parquet, 
parquet  circle,  and  balcony,  and  Locust  Street  for  the  family  circle  and 
amphitheatre. 

"  DRESS. 

"  Whilst  it  is  understood  and  particularly  requested  that  all  participating 
shall  appear  in  full  dress,  it  is  not  the  intention  to  enforce  this  regulation 
to  such  an  extent  as  to  preclude  the  guests  and  visitors  from  being  present 
at  the  reception. 

"GRAND   MARCH. 

"  The  grand  march  will  be  formed  by  the  Reception  Committee,  assisted 
by  twenty-five  efficient  aides.  The  march  will  be  led  by  the  president  of 
the  Commission,  the  Executive  Committee  (the  President  and  Mrs.  Cleve- 
land being  escorted  to  their  private  box),  and  the  invited  guests  in  the  order 
hereafter  to  be  arranged.  The  ladies  and  gentlemen  present  will  follow  the 
invited  guests. 

"  Immediately  after  the  grand  march  his  Excellency,  the  President,  will 
take  a  position  at  the  back  of  the  stage,  where,  assisted  by  the  president  of 
the  Commission,  the  chairman  of  the  Executive  Committee,  and  the  chair- 
man of  the  Citizens  Committee,  and  others  who  may  be  hereafter  specially 
designated,  he  will  receive  those  who  may  desire  to  pay  their  respects. 

"  Mrs.  Cleveland  and  other  ladies  accompanying  her  will  remain  in  the 
private  boxes  specially  reserved  for  them,  or  appear  upon  the  floor  at  their 
pleasure. 

"  The  march  or  promenade  of  the  participants  will  continue,  the  guests 
and  others  passing  in  front  of  the  President  from  the  right  to  the  left  of  the 
stage,  where  they  will  pass  out  into  the  corridor. 

•  "  A  sub-committee  from  the  Reception  Committee  will  be  appointed  to 
escort  the  army  and  navy  officers  from  the  Union  League,  where  they  will 
hold  a  meeting,  to  the  Academy. 

"  All  of  the  specially-invited  guests  will  be  requested  to  meet  the  mem- 
bers of  the  Commission  and  of  its  Executive  Committee  in  the  'green 
room'  of  the  Academy  at  8.30  P.M.,  on  the  evening  of  the  reception. 

"  MUSIC. 

"  The  United  States  Marine  Band  and  a  selected  orchestra  of  forty  pieces 
will  render  a  choice  programme  of  music  during  the  reception.  The  grand 


HISTORY  OF'  THE 

march  will  be  played  by  the  combined  band  and  orchestra,  under  the  direc- 
tion of  Professor  Soussa. 

"CALCIUM   LIGHTS. 

"  Arrangements  have  been  concluded  to  place  calcium  lights  at  the  rear 
of  the  stage,  in  such  manner  as  to  add  brilliancy  to  the  scene. 

"  DECORATIONS. 
"The   decorations  will   be   confined   principally  to   a   handsome   floral 

display. 

"The  President's  box  will  be  handsomely  draped  in  an  appropriate 
style,  while  the  stage  will  be  set  with  a  ball-room  scene,  with  a  stairway 
leading  to  a  terrace,  which  will  be  tastefully  decorated  with  plants  and 
flowers. 

"  The  providing  of  detectives,  policemen,  ushers,  door-tenders,  and  at- 
tendants in  cloak-rooms,  and  like  details  for  the  protection  and  comfort 
of  the  guests,  have  been  attended  to  by  the  committee. 

"The  following  special  committee  has  been  appointed,  viz.,  Colonel 
Chas.  H.  Banes,  B.  K.  Jamison,  and  William  H.  Staake,  who,  with  the 
aides,  will  have  the  line  formed  preparatory  to  the  grand  march. 

"  The  Reception  Committee  and  aides  will  be  known  by  a  white  silk 
button-badge. 

"  The  special  guests,  as  far  as  possible,  will  be  escorted  to  the  Academy 
by  sub-committees  of  the  Reception  Committee. 

"The  doors  will  be  opened  at  eight  P.M. 

"  Grand  march  at  nine  P.M. 

"Reception  closes  at  11.30  P.M. 

"SATURDAY,   SEPTEMBER   17,    1887. 

"  The  committee  will  have  a  stand  erected  in  Independence  Square  to 
accommodate  at  least  four  thousand  eight  hundred  persons,  including  the 
orchestra  and  chorus.  The  invited  guests  will  meet  in  Independence  Hall, 
and  proceed  from  there  to  seats  assigned  to  them.  This  being  the  last 
day  of  the  celebration,  the  Reception  Committee,  after  the  conclusion  of  the 
ceremonies  in  the  square,  will  consider  its  duties  terminated. 

"AIDES. 

"  The  Reception  Committee,  to  enable  it  to  carry  out  this  programme, 
has  provided  for  the  appointment  of  twenty-five  aides  to  be  designated 
'  Aides  to  Reception  Committee.' 


CONSTITUTIONAL   CENTENNIAL   COMMISSION.  365 

"  BADGES. 
"The  committee  has  adopted  a  small  white  button-rosette  as  a  bado-e 

C>     ) 

and  would  suggest  a  small  button-badge  for  the  guests.     It  is  understood 
that  this  badge  will  admit  the  guests  to  the  receptions  and  stands  without 

tickets. 

"  HEADQUARTERS. 

"  The  committee  will  secure  suitable  and  convenient  headquarters,  and 
during  the  celebration  will  be  in  constant  attendance  (Hotel  Lafayette, 
Parlor  C). 

"  The  committee  will  request  its  members  and  others  to  loan  their 
private  carriages  for  the  accommodation  of  the  guests. 

"  EXPENSES. 

"  An  estimate  of  the  expenses  of  the  committee  in  connection  with  the 
celebration  and  the  two  receptions  will  be  submitted. 

"  All  of  which  is  respectfully  submitted, 

"THOMAS   M.   THOMPSON, 

"  Chairman." 

To  carry  out  this  plan  a  general  meeting  of  the  Reception 
Committee  was  held  on  Tuesday,  September  6,  1887,  in  Parlor  C, 
Hotel  Lafayette,  at  two  o'clock,  and  the  following  sub-committees 
were  appointed  by  the  chairman  : 

COMMITTEE   TO   RECEIVE   THE   PRESIDENT   OF   THE   UNITED   STATES. 

Thomas  M.  Thompson,  Chairman. 

George  W.  Childs,  George  B.  Roberts, 

A.  J.  Drexel,  Charles  H.  Banes, 

B.  K.  Jamison. 

COMMITTEE   TO   RECEIVE   THE   MEMBERS   OF  THE   CABINET. 

John  Cadwalader,  Chairman. 

R.  Dale  Benson,  Wharton  Barker, 

Henry  C.  Gibson. 

COMMITTEE  TO   RECEIVE   THE   MEMBERS   OF   THE   DIPLOMATIC   CORPS. 

Edward  Shippen,  Chairman. 
William  Brockie,  W.  W.  Frazier. 


HISTORY  OF  THE 

COMMITTEE  TO   RECEIVE  THE  GOVERNORS  OF  THE  SEVERAL  STATES. 

John  W.  Woodside,  Chairman. 
Alexander  P.  Brown,  A.  K.  Wheeler, 

George  Watson,  Jos.  G.  Ditman, 

Thomas  C.  Else,  Thomas  L.  Gillespie, 

John  Huggard,  Mason  Hirsh, 

Samuel  Lees,  Winthrop  Smith, 

William  J.  Lloyd,  Richard  A.  Lewis, 

James  A.  Freeman,  W.  C.  Houston,  Jr. 

COMMITTEE  TO   RECEIVE    THE    CHIEF  JUSTICE  AND  THE    ASSOCIATE  JUS- 
TICES OF  THE  SUPREME  COURT  OF  THE   UNITED   STATES. 

John  C.  Bullitt,  C/tairman. 

Samuel  Dickson,  Judge  Arnold, 

Judge  Hanna,  William  H.  Staake, 

Judge  Fell,  John  M.  Patton. 

COMMITTEE    TO    RECEIVE    ADMIRAL    LUCE    AND    THE    OFFICERS    OF    THE 

NAVAL  SQUADRON. 

Walter  G.  Wilson,  Chairman. 

Aaron  Fries,  William  S.  Reyburn, 

Jos.  F.  Tobias. 

COMMITTEE    TO    RECEIVE    THE    HON.   RUTHERFORD    B.    HAYES,  EX-PRESI- 
DENT OF  THE  UNITED   STATES. 

Hon.  Thomas  Donaldson. 

COMMITTEE  TO  RECEIVE   THE   HON.   HANNIBAL   HAMLIN,  EX-VICE-" 
PRESIDENT  OF  THE  UNITED   STATES. 

Charles  J.  Harrah. 

COMMITTEE   TO   RECEIVE   CARDINAL   GIBBONS   AND   THE   VISITING 

CLERGY. 

William  Waterall,  Chairman. 

Archbishop  Ryan,  George  H.  Stuart, 

William  H.  Lucas,  Joseph  E.  Sinnott. 


CONSTITUTIONAL    CENTENNIAL   COMMISSION.  367 

The  headquarters  of  the  Reception  Committee  were  in  Parlor 
C  of  the  Hotel  Lafayette.  They  were  selected  because  of  their 
central  location,  their  proximity  to  railroad  depots,  to  the 
Academy  of  Music,  to  the  Public  Buildings,  and  to  the  Academy 
of  Fine  Arts,  where  the  principal  receptions  were  to  be  held.  In 
these  headquarters  the  chairman  and  members  of  the  Executive 
Committee,  with  other  members  of  the  general  committee,  held 
daily  and  nightly  sessions  from  September  5  to  September  17, 
inclusive.  Provision  was  made  for  the  constant  presence  of  some 
members  of  the  Reception  Committee,  for  the  reception  of  guests 
and  visitors  ;  for  the  imparting  of  information  and  the  instruction 
of  guests  as  to  the  part  they  were  to  take  in  the  ceremonies  of 
the  celebration  ;  for  the  distribution  of  tickets  to  the  governor's 
and  President's  receptions,  and  to  the  stands  provided  by  the  Com- 
mission and  the  municipality. 

The  committee,  being  also  charged  with  the  duty  of  providing 
accommodations  for  the  specially-invited  guests,  secured  apart- 
ments in  the  Hotel  Lafayette  for  the  entertainment  of  the  Presi- 
dent of  the  United  States  and  Mrs.  Cleveland,  the  members  of 
the  cabinet,  Ex-Vice-President  Hannibal  Hamlin,  his  Excellency, 
Governor  James  A.  Beaver,  and  a  number  of  the  visiting  governors. 
At  the  Aldine  Hotel,  Lieutenant-General  Sheridan  and  Admiral 
Luce,  with  the  members  of  their  respective  staffs,  were  located. 

Other  guests  were  located  at  the  Continental,  Colonnade,  and 
Aldine  Hotels,  and  the  Girard  House. 

A  number  of  the  guests  were  the  recipients  of  private  hospi- 
tality, being  entertained  by  several  of  our  prominent  citizens  in 
their  respective  homes. 

The  guests  of  the  Commission  who  were  present  during  the 
celebration  were  received  by  the  members  of  the  appropriate  sub- 
committees and  escorted  to  their  respective  places  of  entertain- 
ment, to  the  various  public  receptions  and  grand  stands,  during 
the  three  days  of  the  celebration. 


HISTORY  OF  THE 

The  official  and  unofficial  receptions  which  took  place  during 
the  celebration  were: 

WEDNESDAY,  SEPTEMBER   14,   1887. 

A  business  meeting  of  the  Constitutional  Centennial  Commis- 
sion and  chairmen  of  the  sub-committees  at  Parlor  C,  Continental 
Hotel,  at  8  P.M. 

After  the  adjournment  of  this  meeting  a  reception  was  held  at 
the  rooms  of  the  Historical  Society  of  Pennsylvania,  for  which 
special  invitations  had  been  issued.  The  rooms  were  filled  for 
three  hours  with  a  notable  company,  the  number  of  strangers 
being  unusually  large.  The  reception  was  preliminary  to  the 
more  formal  events  of  the  celebration  proper,  and  gave  ample 
opportunities  for  many  of  the  distinguished  guests  of  the  Com- 
mission and  for  the  members  of  the  Commission  from  other 
States  to  become  acquainted  with  our  citizens. 

THURSDAY,  SEPTEMBER   15,    1887. 

The  members  of  the  Reception  Committee  assembled  at  an 
early  hour,  for  the  purpose  of  receiving  guests  who  were  to 
arrive  during  the  morning  and  of  escorting  those  who  had  already 
been  received  to  the  reviewing  stand,  on  Broad  Street  opposite  the 
Union  League,  to  view  the  civic  and  industrial  procession.  The 
guests  were  received  by  the  populace,  who  crowded  the  many 
stands  and  points  of  observation  on  both  sides  of  Broad  Street, 
with  many  manifestations  of  courtesy  and  applause.  They  were 
properly  seated  upon  the  stand,  and  the  members  of  the  Recep- 
tion Committee  and  the  "aides"  were  diligent  in  their  efforts  to 
provide  everything  requisite  for  their  comfort  and  enjoyment 
during  their  view  of  the  procession. 

THE  BAR  BREAKFAST. 

A  number  of  the  guests  of  the  Commission  attended  the 
breakfast  to  the  justices  of  the  Supreme  Court  of  the  United 


CONSTITUTIONAL   CENTENNIAL   COMMISSION.  369 

States,  in  the  American  Academy  of  Music,  tendered  by  the  bar 
of  Philadelphia.  This  event  was  one  of  the  most  brilliant  in  con- 
nection with  the  celebration.  In  inviting  the  aid  of  the  bar,  the 
secretary  of  the  committee  stated : 

"  The  event  to  be  commemorated  was  one  of  the  gravest  importance  to 
all  of  the  later  generations  of  men.  The  convention  called  for  the  purpose 
did  its  work,  which  was  essentially  legal,  in  Philadelphia.  Its  deliberations 
and  conclusions  were  participated  in  by  men  who  became  conspicuous  in  the 
jurisprudence  of  our  State.  It  is  very  fitting,  therefore,  that  the  lawyers 
of  this  city  should  show  a  proper  appreciation  of  the  occasion  and  of  their 
relations  to  it  by  offering  their  hospitality  to  the  members  of  the  highest 
judicial  tribunal  of  the  country  who  will  be  here  to  participate  in  the 
celebration." 

This  request  met  with  an  earnest  response  from  the  members 
of  the  legal  profession  in  Philadelphia,  a  profession  proverbial  for 
its  public  spirit  and  liberality  in  connection  with  a  proper  apprecia- 
tion and  celebration  of  all  events  of  historical  interest.  This 
breakfast  was  indeed  a  notable  one  from  the  character  of  the 
guests  and  participants,  the  profuse  and  tasteful  decorations,  and 
the  eloquence  of  the  eminent  gentlemen,  who  responded  to  the 
very  appropriate  toasts : 

"The  Supreme  Court  of  the  United  States,"  Chief  Justice 
Morrison  R.  Waite. 

"The  Constitution  of   1787,"   Hon.  J.  I.   Clark  Hare. 

"The  Supreme  Court  of  Pennsylvania,"  Hon.  Edward  M. 
Paxson,  justice  of  the  Supreme  Court  of  Pennsylvania. 

"The  Origin  of  the  Federal  Union,"  Hon.  W.  S.  Kirkpatrick, 
attorney-general  of  Pennsylvania. 

"The  American  Lawyer,"  Hon.  John  S.  Wise,  of  Virginia. 

RECEPTION   AT   THE   CATHOLIC   CLUB. 

An  unofficial  reception,  to  which  many  of  your  guests  were 
specially  invited,  was  the  magnificent  reception  of  the  Catholic 


HISTORY  OF  THE 

Club  to  his  Eminence,  Cardinal  Archbishop  Gibbons,  the  head  of 
the  Catholic  Church  in  America,  at  the  rooms  of  the  club,  No. 
217  South  Broad  Street,  from  8.30  to  ten  P.M.  The  visitors  and 
guests  were  not  confined  to  members  of  the  Roman  Catholiq 
faith.  The  Cardinal  was  accompanied  by  Archbishop  Ryan  and 
Bishops  Ryan,  of  Buffalo,  Kane,  of  Richmond,  and  O'Farrel,  of 
Trenton.  The  parlors  of  the  club  were  handsomely  decorated 
with  plants,  ferns,  and  flowers.  His  Excellency,  James  A.  Beaver, 
governor  of  Pennsylvania,  was  one  of  the  guests,  but  was  com- 
pelled to  leave  early,  to  be  present  at  his  own  reception  at  the 
Academy  of  Fine  Arts,  on  the  same  evening. 

His  Excellency,  the  President  of  the  United  States,  accom- 
panied by  Secretary  of  State  Bayard,  Secretary  of  the  Treasury 
Fairchild,  and  the  chairman  of  the  Reception  Committee,  with 
Messrs.  George  B.  Roberts,  George  W.  Childs,  Charles  H.  Banes, 
and  B.  K.  Jamison,  arrived  at  the  club  a  few  minutes  after  ten 
o'clock.  The  President  was  warmly  cheered  by  the  large  crowd 
of  spectators  in  front  of  the  club-house,  and  was  hospitably  greeted 
by  the  many  distinguished  members  and  guests  of  the  club  who 
had  called  to  be  presented  to  the  Cardinal. 

RECEPTION   BY   THE   GOVERNOR   OF   PENNSYLVANIA. 

The  official  reception  of  his  Excellency,  James  A.  Beaver, 
governor  of  the  commonwealth  of  Pennsylvania,  in  honor  of  the 
visiting  governors,  took  place  at  the  Academy  of  Fine  Arts, 
during  the  hours  from  eight  to  eleven  o'clock  the  same  evening. 
It  is  estimated  that  fully  fifteen  thousand  people  took  part  in  this 
reception.  Though  admission  was  by  ticket,  the  committee,  at  the 
special  request  of  Governor  Beaver,  distributed  its  invitations  with 
a  liberal  hand,  and  for  more  than  three  hours  a  continuous  line  of 
people  filed  into  this  beautiful  temple  of  art.  The  vestibule,  stair- 
case, and  reception-room  were  decorated  with  flowers  and  tropical 
plants,  and  the  Germania  Orchestra,  stationed  on  the  platform  in 


CONSTITUTIONAL    CENTENNIAL    COMMISSION.  371 

the  foyer,  overlooking  the  stairs,  filled  the  spacious  halls  with 
melody.  The  Academy  of  Fine  Arts,  with  its  valuable  collection 
of  pictures,  its  ornate  architecture,  and  graceful  proportions,  is, 
without  other  decorations,  a  palace  fit  for  the  displays  of  royalty  ; 
but  -when  garnished  with  flowers  and  filled  with  the  executives  of 
the  States  of  the  Union  and  the  members  of  their  respective 
personal  staffs,  in  glittering  and  attractive  uniforms,  with  eminent 
representatives  of  the  army,  navy,  judiciary,  and  the  arts,  sciences, 
and  manufactures,  presented  a  scene  of  unusual  brilliancy.  Gov- 
ernor Beaver  was  assisted  in  receiving  the  guests  by  John  W. 
Woodside  and  John  Huggard,  of  the  sub-committee  on  the  recep- 
tion of  governors. 

THE   PRESIDENT'S   ARRIVAL. 

The  sub-committee  appointed  to  receive  the  President  and 
Mrs.  Cleveland  and  their  party,  viz.,  the  chairman,  George  W. 
Childs,  A.  J.  Drexel,  B.  K.  Jamison,  Colonel  Charles  H.  Banes, 
and  President  George  B.  Roberts,  of  the  Pennsylvania  Railroad, 
left  Philadelphia  on  Thursday,  the  i5th  of  September,  1887,  at 
5.08  P.M.,  for  Wilmington,  Delaware,  to  meet  the  President's  train. 

Major  John  M.  Carson,  of  Washington,  kindly  co-operated 
with  the  chairman  of  the  Reception  Committee  in  perfecting  the 
details  as  to  the  time  of  the  President's  departure  from  Wash- 
ington. 

President  Roberts,  of  the  Pennsylvania  Railroad,  tendered  the 
use  of  his  private  car  for  the  Presidential  party,  which  courteous 
offer  was  accepted. 

The  car  was  attached  to  the  limited  express  train,  which  left 
the  Capital  at  four  P.M. 

The  members  of  the  Reception  Committee,  in  order  to  avoid 
the  crowd,  which  it  was  rightly  conjectured  would  congregate 
at  the  Broad  Street  Station  to  see  the  President  on  the  occa- 
sion of  his  first  visit  to  Philadelphia,  were  obliged  to  keep  the 
time  of  their  departure  as  well  as  the  time  of  the  arrival  of 


HISTORY  OF  THE 

the  train  a  secret.  The  committee  reached  Wilmington  shortly 
after  six  o'clock.  A  great  crowd  had  gathered,  and,  as  the 
train  lay  for  five  minutes  at  the  station,  cheered  the  President, 
who  viewed  the  immense  throng  from  the  car-window  and  plat- 
form. After  a  mutual  exchange  of  courtesies  and  introductions, 
the  party,  escorted  by  the  committee,  proceeded  to  Philadelphia. 
The  special  car  was  detached  at  Gray's  Ferry,  and  attached  to  an 
engine  which  was  in  waiting  to  convey  it  to  the  depot  at  Thirty- 
second  and  Market  Streets,  where  carriages  were  in  waiting. 
The  First  City  Troop  of  Philadelphia,  which  has  acted  as  special 
escort  or  body-guard  to  every  President  of  the  United  States  who 
has  visited  Philadelphia  on  the  occasion  of  any  public  celebration, 
was  also  in  waiting  at  the  right  of  the  entrance  to  the  depot. 
This  famous  body  of  citizen  soldiers,  with  their  showy  uniforms 
and  spirited  horses,  made  a  fine  display.  They  were  under  the 
command  of  Captain  E.  Burd  Grubb.  The  news  had  spread  that 
the  President  was  to  arrive  at  the  old  station,  and  a  large  crowd  of 
employes  and  people  were  in  waiting  to  greet  him  on  his  arrival. 
To  avoid  the  crowd,  it  was  arranged  to  run  the  car  on  a  siding  in 
the  yard  at  Thirty-first  and  Market  Streets,  to  which  place  the 
City  Troop  and  carriages  proceeded,  and  awaited  the  arrival  of 
the  train.  At  8.15  P.M.  the  party  arrived.  The  President  was 
escorted  by  the  chairman  of  the  committee  and  Colonel  Banes ; 
Mrs.  Cleveland  and  Mrs.  Lament  by  Mr.  George  W.  Childs  and 
Mr.  B.  K.  Jamison  ;  Secretary  Bayard  and  Colonel  Lament  were 
escorted  by  President  Roberts  and  Mr.  A.  J.  Drexel.  The  City 
Troop  took  the  lead,  escorting  the  carriages  out  Market  Street  to 
Thirty-second,  thence  to  Chestnut,  and  over  the  Chestnut  Street 
Bridge  to  the  Hotel  Lafayette.  As  the  party  rode  in  open  car- 
riages, President  Cleveland's  well-known  face  was  soon  recog- 
nized, and  all  the  way  down  Chestnut  Street  he  met  with  a  perfect 
ovation.  After  the  bridge  was  crossed  the  sidewalks,  door-steps, 
and  windows  became  dense  with  humanity.  The  City  Troop, 


CONSTITUTIONAL   CENTENNIAL   COMMISSION.  373 

with  rare  skill,  led  the  way  and  kept  the  street  clear.  Cheers, 
waving  of  hats  and  handkerchiefs,  and  clapping  of  hands  arose 
all  along  the  line  with  an  effect  that  was  almost  deafening.  The 
climax  was  reached  when  the  party  reached  Broad  Street.  The 
crowds  from  the  Broad  Street  station  had  joined  the  waiting 
crowd  at  Broad  and  Chestnut  Streets.  From  windows  and  bal- 
conies, from  door-steps  and  sidewalks,  cheers,  yells,  and  applause 
arose.  The  City  Troop  did  its  part  most  successfully.  Every- 
body was  escorted  into  the  Hotel  Lafayette  with  ease,  though 
Broad  Street  probably  never  before  had  held  such  an  immense 
concourse  of  people.  No  unpleasant  incident  happened  to  mar 
the  President's  entry,  and  the  impression  made  upon  him  and 
upon  all  of  the  first  day  of  the  celebration  of  the  people's  Consti- 
tution was  of  the  most  agreeable  character.  Secretary  and  Mrs. 
Fairchild  had  arrived  at  the  hotel  during  the  afternoon,  and  there 
met  the  President  and  his  immediate  party.  Supper  was  served 
in  Parlor  E,  pending  which  service  the  President,  from  the  bal- 
cony communicating  with  his  room,  viewed  with  pleasure  and 
astonishment  the  immense  amphitheatre,  with  the  tasteful  deco- 
rations, extending  on  both  sides  of  Broad  Street,  north  and  south. 
The  floral  decorations  of  the  rooms  occupied  by  the  President 
and  Mrs.  Cleveland  were  of  an  elaborate  character,  a  tribute 
from  the  Florists'  Club,  of  Philadelphia.  One  of  the  most  striking 
objects  was  an  Egyptian  lotus  in  full  bloom,  six  or  eight  feet  high, 
with  thirty  or  forty  magnificent  blossoms.  Another  was  a  panel, 
seven  feet  high  and  six  feet  wide,  with  a  base  of  ivy,  and  designs 
illustrating  the  Centennial  celebration  wrought  upon  it  in  thou- 
sands of  variegated  flowers.  All  the  mantels  and  the  larger 
pieces  of  furniture  were  covered  with  plateaux  of  roses. 

At  9.30  P.M.,  amid  another  most  enthusiastic  scene,  the  Presi- 
dent, Secretaries  Bayard  and  Fairchild,  and  Colonel  Lament, 
escorted  by  the  chairman  of  the  Reception  Committee,  proceeded 
to  Governor  Beaver's  reception  at  the  Academy  of  Fine  Arts. 


HISTORY  OF  THE 

On  the  arrival  of  the  President  he  was  cordially  greeted  by  the 
governor  of  Pennsylvania,  and  after  many  of  the  visiting  gov- 
ernors and  others  present  had  paid  their  respects,  at  the  special 
invitation  of  Governor  Beaver,  he  took  a  position  at  his  side  and 
heartily  joined  in  receiving  the  many  citizens,  the  governor  receiv- 
ing their  greetings  first  and  the  President  next.  The  President 
remained  for  about  half  an  hour,  when,  escorted  by  the  Reception 
Committee,  he  proceeded  to  Cardinal  Gibbons's  reception  at  the 
Catholic  Club.  Governor  Beaver  continued  his  reception  until 
near  the  midnight  hour,  as  it  was  not  until  then  that  the  crowd 
began  to  diminish.  The  governor  expressed  his  great  satisfaction 
with  the  management  and  the  character  of  the  reception,  stating 
that  in  all  its  details  it  was  the  best  he  had  ever  held.  General 
Sheridan,  accompanied  by  his  brother,  Colonel  Michael  Sheridan, 
came  in  during  the  evening,  and  received  hearty  and  cordial  greet- 
ings from  many  friends. 

RECEPTION   AT   THE   COMMERCIAL   EXCHANGE,   SEPTEMBER   16,   1887. 

On  Friday  morning  the  first  event  was  the  reception  of  the 
Commercial  Exchange  to  President  Cleveland,  at  their  building,  on 
Second  Street  above  Walnut.  The  Exchange  had,  in  former 
years,  extended  similar  courtesies  to  Presidents  Grant  and  Hayes, 
and  the  same  cordiality  was  now  to  be  bestowed  upon  the  present 
Chief  Magistrate  of  the  nation.  The  interior  of  the  hall  was 
decorated  with  the  national  colors,  heavy  festoons  in  red,  white, 
and  blue  extending  all  along  the  walls.  At  each  fold  of  the 
drapery  was  a  shield,  bearing  the  arms  and  name  of  a  State,  every 
State  in  the  Union  being  thus  represented.  The  rostrum  on 
which  the  President  and  his  party  stood  was  also  profusely  deco- 
rated with  bunting.  The  First  Regiment  Band  was  placed  in  the 
northwest  corner  of  the  room  and  furnished  spirited  music. 

Soon  after  nine  o'clock  two  hundred  and  fifty  members  of  the 
Produce  Exchange,  one  hundred  members  of  the  Master  Builders' 


CONSTITUTIONAL   CENTENNIAL   COMMISSION.  375 

Exchange,  one  hundred  uniformed  inspectors  from  the  custom- 
house, one  hundred  and  eighty-five  members  from  the  Grocers' 
Exchange,  and  many  of  our  most  prominent  bankers,  merchants, 
and  manufacturers  entered,  until  it  was  estimated  there  were  over 
three  thousand  upon  the  floor.  The  President  arrived  promptly 
at  9.30  o'clock.  He  was  accompanied  by  the  chairman  and  mem- 
bers of  the  Reception  Committee  and  the  committee  of  the  Com- 
mercial Exchange,  headed  by  Francis  M.  Brooke.  Secretaries 
Bayard  and  Fairchild,  Ex-President  Hayes,  Governor  Beaver,  and 
Mayor  Fitler  also  accompanied  the  party. 

The  Philadelphia  City  Troop  had  again  rendered  most  ex- 
cellent service,  as  honorary  escort  to  the  President,  their  manly 
appearance  and  soldierly  bearing  eliciting  many  expressions  of 
admiration  and  appreciation  from  the  President  and  others  of  the 
guests  of  the  Commission.  The  drive  from  the  Hotel  Lafayette 
to  the  Commercial  Exchange  was  a  grand  ovation,  and  the  Presi- 
dent gratefully  bowed  his  acknowledgments  of  the  hearty  welcome 
which  everywhere  greeted  him.  On  the  arrival  at  the  Exchange 
James  B.  Canby  formally  introduced  the  President,  who  spoke  as 
follows : 

"GENTLEMEN    OF    THE     COMMERCIAL    EXCHANGE, 1   am    glad    tO 

have  the  opportunity  of  meeting  so  large  a  representation  of  the 
business  men  of  Philadelphia.  It  is  well  for  us  on  this  centennial 
occasion  not  to  forget  that,  aside  from  keeping  alive  the  purest 
sentiments  of  patriotism  and  our  best  ideals  of  good  government, 
the  celebration  also  tends  to  advance  the  prosperity  of  our  most 
important  interests. 

"It  would  be  well  for  us  if,  in  the  rush  of  business,  we  could 
see  more  demonstrations  of  patriotism.  It  is  good  for  the  country 
and  good  for  the  people.  It  would  be  well  to  pause  and  con- 
sider,  also,  how  closely  the  country's  prosperity  is  related  to  good 
government.  The  cultivation  of  a  wholesome  political  sentiment 
inevitably  tends  to  produce  such  government,  and  I  would  be  glad 


HISTORY  OF  THE 

to  see  among  business  men  a  little  more  participation  in  political 
affairs,  even  though  it  might  be  considered  at  first  a  departure 
that  would  cause  a  diminution  in  personal  profit.  We  should  have 
no  selfishness  in  a  matter  involving  the  well-being  of  the  greatest 
number  of  people.  To  take  part  in  politics  as  citizens,  having 
the  greatest  good  to  the  greatest  number  of  people  at  heart,  is 
surely  an  object  worthy  the  sacrifice  of  a  little  time  from  business 
and  prospect  of  a  little  personal  profit.  We  celebrate  to-day  the 
triumph  of  patriotism  over  selfishness.  Can  there  be  any  doubt 
that  we,  in  these  times,  enjoy  benefits  from  the  sacrifices  and  the 
patriotic  acts  of  our  forefathers  one  hundred  years  ago  ?  Surely 
not ;  the  benefits  we  enjoy  to-day,  my  countrymen,  were  not 
secured  by  our  forefathers  until  they  had  broken  down  the  bar 
riers  which  usurpers  sought  to  erect.  All  this  they  accomplished 
through  patriotism  and  a  stern  adherence  to  the  noblest  political 
principles.  When  we  cultivate  wholesome  political  sentiments, 
prompted  not  by  selfish  or  sordid  interests,  but  by  a  desire  for 
universal  good,  we  are  moved  by  the  loftiest  feeling  that  can  in- 
spire mankind.  There  is  no  better  place  to  begin  than  right  here 
among  the  business  men  of  Philadelphia." 

The  reception  lasted  about  an  hour  and  a  half.     The  special 
Reception  Committee  of  the  Exchange  was  composed  of 

James  B.  Canby,  Wm.  Brice, 

F.  M.  Brooke,  L.  K.  Passmore, 

John  Price  Wetherill. 

Bushrod  W.  Adams,  president  of  the  Stock  Exchange. 
William  J.  McCahan,  president  of  the   Grocers'   and   Importers'   Ex- 
change. 

Dr.  R.  V.  Mattison,  president  of  the  Drug  Exchange. 
William  Brockie,  president  of  the  Maritime  Exchange. 
Frederick  Fraley,  president  of  the  Board  of  Trade. 
John  S.  Davis,  president  of  the  Petroleum  Exchange. 
Robert  C.  Lippincott,  president  of  the  Lumbermen's  Exchange. 


CONSTITUTIONAL    CENTENNIAL    COMMISSION.  377 

John  S.  Stevens,  president  of  the  Master  Builders'  Exchange 

o     * 

John  J.  Habecker,  president  of  the  Produce  Exchange. 
Theodore  C.  Search,  president  of  the  Textile  Exchange. 
Edward  A.  Green,  president  of  the  Wool  Merchants'  Exchange. 

At  the  conclusion  of  this  reception,  escorted  by  the  Philadelphia 
City  Troop,  the  President  and  other  guests  of  the  Commission 
proceeded  to  the  grand  reviewing-stand  on  Broad  Street,  opposite 
the  Union  League  building,  to  review  the  imposing  military 
pageant,  under  command  of  General  Philip  H.  Sheridan. 

At  five  minutes  past  eleven  o'clock  the  President  mounted 
the  steps,  which  led  to  the  balcony  projecting  from  the  grand 
reviewing-stand.  As  he  reached  the  platform  there  was  a  simul- 
taneous burst  of  applause  from  the  many  crowded  stands  in  sight 
and  ten  thousand  handkerchiefs  fluttered  in  the  breeze.  It  is  not 
within  the  province  of  this  report  to  describe  the  brilliant  spectacle 
*>f  the  day,  when,  amid  the  pomp  and  panoply  of  war,  the  citizen 
soldiery  from  North,  South,  East,  and  West  illustrated  the  devo- 
tion of  each  State  to  the  principles  of  the  Constitution,  which 
established  a  central  government  superior  to  all  the  States,  and 
made  the  military  power  of  the  nation  subordinate  to  the  civil 
authorities.  This  imposing  display  of  the  soldiers  and  sailors  of 
the  nation  and  States  will  be  properly  chronicled  elsewhere. 
Suffice  it  to  say  here  that  the  people  gave  further  proof  of  the 
hospitable  welcome  which  Philadelphia  has  always  extended  to  the 
Chief  Magistrate  of  the  country. 

It  was  after  three  o'clock  when  the  end  of  the  line  marched 
by  and  the  Philadelphia  City  Troop  rode  up  to  escort  the  Presi- 
dential party  to  the  Hotel  Lafayette.  The  carriages  having  been 
prevented  by  the  crowds  on  the  streets  from  reaching  the  grand 
stand  in  time,  the  President  good-naturedly  informed  Mr.  Kasson 
that  he  would  walk  over  to  the  hotel.  Accordingly,  taking  the 
arm  of  Secretary  Bayard,  and  accompanied  by  Mr.  Kasson,  Sec- 
retary Fairchild,  and  the  chairman  of  the  Reception  Committee 

VOL.  I. — 40 


HISTORY  OF  THE 

he  fell  in  between  two  detachments  of  the  troop,  and,  amid  the 
applause  and  cheers  of  the  multitude  of  spectators,  walked  to  his 
rooms  in  the  hotel,  where  he  rested  for  an  hour  and  a  half  before 
again  placing  himself  in  the  charge  of  your  Reception  Committee. 

THE   DINNER   AT  THE   CLOVER   CLUB,  FRIDAY,   SEPTEMBER    16,    1887, 

FIVE   P.M. 

That  famous  social  organization  of  Philadelphia,  the  "  Clover 
Club,"  known  throughout  the  land  as  the  host  of  statesmen,  gen- 
erals, judges,  orators,  financiers,  journalists,  and  actors,  eclipsed  its 
former  entertainments.  Brilliant  gatherings  it  had  had  before,  but 
never  had  the  army,  the  navy,  and  the  press  been  so  well  repre- 
sented as  at  this  dinner.  The  banqueting-tables  were  on  the  second 
floor  of  the  Hotel  Bellevue.  The  tables  on  the  outside  were  in  the 
form  of  a  horseshoe,  while  an  inside  ring  assumed  the  shape  of  a 
clover-leaf.  Two  rams,  woven  out  of  evergreens  and  flowers, 
hung  at  the  east  and  west  ends  of  the  banquet-hall.  The  decora- 
tions of  the  clover-leaf  table  were  magnificent  and  unique. 
Among  trailing  smilax  and  festooned  grape-leaves  were  boughs 
of  chestnut-burs.  Groups  of  fairy-lamps,  which  had  mingled 
their  delicate  hues  at  the  Queen's  Jubilee  in  London,  were  scat- 
tered among  the  greens,  and  added,  by  their  soft  lights,  a  pictur- 
esqueness  to  the  scene.  Governor  Beaver's  staff  were  present  in 
military  uniform.  The  general  himself  was  privileged  to  retire  on 
account  of  his  engagement  to  attend  the  reception  by  the  Presi- 
dent at  the  Academy  of  Music,  but  not  before  he  had  made  a 
speech,  congratulating  Philadelphia  on  its  hospitality  and  express- 
ing the  conviction  that  it  would  be  well  administered  during  his 
absence.  Governor  Foraker,  of  Ohio,  made  some  appropriate 
remarks,  which  met  with  applause.  After  a  happy  speech  by 
Senator  Evarts,  Governor  Gordon,  of  Georgia,  delivered  a 
touching  and  patriotic  address.  Ex-President  Hayes,  Mr.  Justice 
Harlan,  Admiral  Luce,  Ex-Governor  Hoyt,  of  Pennsylvania,  Gov- 


CONSTITUTIONAL    CENTENNIAL   COMMISSION.  379 

ernor  Green,  of  New  Jersey,  and  Governor  Sawyer,  of  New 
Hampshire,  spoke  when  called  upon  by  the  president  of  the 
club.  Then  came  the  arrival  of  the  President,  accompanied  by 
Colonel  A.  K.  McClure,  Wm.  M.  Singerly,  and  E.  S.  Stuart  a 
committee  appointed  for  that  purpose.  He  was  received  with 
enthusiasm,  and  his  happy  remarks  were  greeted  with  much 
applause.  Governor  Fitzhugh  Lee,  of  Virginia,  followed.  Short 
addresses  were  made  by  William  Wirt  Henry  and  John  S.  Wise, 
of  Virginia ;  Colonel  A.  Loudon  Snowden,  of  Pennsylvania ; 
Charles  W.  Brooke,  of  New  York  ;  Isaac  H.  Bromley,  of  Buffalo, 
N.  Y.  ;  Dr.  Bedloe,  of  Philadelphia ;  Senator  Hawley,  of  Con- 
necticut ;  and  Colonel  F.  B.  Mussey,  of  Cincinnati,  Ohio. 

THE   MILITARY   AND   NAVAL   RECEPTION. 

The  Military  and  Naval  reception  at  the  Union  League  was  held 
from  eight  until  twelve  o'clock  P.M.,  the  admission  being  by  card 
for  those  who  had  been  specially  invited.  A  local  chronicler,  speak- 
ing of  this  event,  styled  it  "  a  parade,  which  took  an  half-hour  to 
pass  a  given  point,"  that  point  being  General  Philip  H.  Sheridan. 
The  Union  League  was  crowded  with  brilliant  and  showy  uniforms, 
worn  by  officers  of  the  army,  the  navy,  and  of  the  national  guard 
of  the  different  States  of  the  Union  who  had  participated  in  the  im- 
posing display  of  the  morning.  Never  before  had  there  been  such  a 
mingling  of  the  military  element  from  every  section  of  the  nation. 
Men  who  had  faced  each  other  in  battle  now  joined  in  grateful 
appreciation  of  the  result,  which  had  preserved  the  Union. 

As  good  soldiers,  the  participants  remembered  that  their  com- 
mander-in-chief,  a  civilian,  but  the  nation's  President,  was  holding 
a  reception  at  the  Academy  of  Music,  assisted  by  Mrs.  Cleveland. 
At  a  given  signal  they  fell  into  line,  led  by  General  Sheridan,  and 
proceeded  to  the  stage  of  the  Academy,  where  they  paid  their  ^ 
compliments  to  the  President  and  Mrs.  Cleveland,  and  again 
forming  into  line,  returned  to  the  Union  League. 


380 


HISTORY  OF  THE 


RECEPTION  TO  THE  GOVERNORS    BY  THE  PRESIDENT. 

A  reception  not  upon  the  roster  of  the  Commission  took  place 
in  parlor  E  of  the  Hotel  Lafayette,  between  the  hours  of  six  and 
seven  o'clock  in  the  evening  of  Friday,  September  16,  1887.  His 
Excellency,  the  President,  desired  to  pay  the  visiting  governors  of 
the  several  States  the  compliment  of  a  special  reception.  The 
governors  and  the  members  of  their  staffs  accepted  the  invitation 
of  the  President.  Colonel  Daniel  Lament  acted  as  marshal,  ably 
assisted  by  Mr.  L.  Q.  Maltby,  the  host  of  the  Lafayette.  The 
following  governors  were  presented  : 

James  A.  Beaver,  of  Pennsylvania;  David  B.  Hill,  of  New 
York ;  J.  R.  Bodwell,  of  Maine ;  Alfred  M.  Scales,  of  North  Caro- 
lina; J.  P.  Richardson,  of  South  Carolina;  P.  C.  Lounsbury,  of 
Connecticut;  Joseph  B.  Foraker,  of  Ohio;  John  W.  Davis,  of 
Rhode  Island;  E.  Willis  Wilson,  of 'West  Virginia;  J.  B.  Gordon, 
of  Georgia ;  Charles  H.  Sawyer,  of  New  Hampshire  ;  R.  S.  Green, 
of  New  Jersey ;  S.  Pennoyer,  of  Oregon ;  John  M.  Thayer,  of 
Nebraska. 

All  of  the  governors  with  the  exception  of  the  two  last  named 
were  accompanied  by  the  members  of  their  staffs. 

This  reception  was  entirely  informal,  and  very  few  persons, 
other  than  the  gentlemen  named,  were  introduced.  The  visitors 
entered  from  the  corridor  by  the  door  at  the  north  end  of  the 
room,  and  as  fast  as  they  were  introduced  to  and  shook  hands 
with  the  President,  passed  out  the  door  at  the  south  end.  All  of 
the  participants  expressed  their  appreciation  of  the  thoughtfulness 
of  the  President  in  providing  for  their  special  reception. 

THE  JOURNALISTS'   RECEPTION. 

The  journalists  of  the  Quaker  City  especially  pride  themselves 
upon  the  reputation  of  the  craft  for  genuine  hospitality.  At  the 
Journalists'  Club  they  reversed  the  usual  order  of  exercises  by 
beginning  late  and  ending  early.  It  was  nearly  midnight  when  the 


CONSTITUTIONAL   CENTENNIAL   COMMISSION.  381 

exercises  of  the  evening  began.  The  affair  was  planned  for  the 
entertainment  of  the  out-of-town  newspaper  men,  who  were  tempo- 
rarily sojourning  in  Philadelphia.  There  were  three  to  four  hun- 
dred journalists  present,  besides  a  number  of  actors.  An  elabo- 
rate dinner  was  set  in  the  banqueting-room  of  the  club,  to  which 
ample  justice  was  done  by  the  participants.  Mr.  M.  P.  Handy 
welcomed  the  guests  in  the  name  of  the  club.  The  best  of  feeling 
prevailed,  and  the  hours  passed  only  too  soon,  amid  the  charms 
of  song,  story,  and  jest,  for  which  these  journalistic  gatherings  are 
noted. 

THE  RECEPTION  OF  THE  PRESIDENT   AT  THE  ACADEMY  OF  MUSIC. 

Friday  evening,  September  16,  1887,  between  the  hours  of 
nine  and  eleven  o'clock,  at  the  American  Academy  of  Music, 
Broad  and  Locust  Streets,  Philadelphia,  was  the  occasion  of  the 
crowning  social  event  of  the  Constitutional  Centennial  celebration. 
The  executive  officers  of  the  Commission  and  the  members  of 
its  Reception  Committee  had  given  much  anxious  thought  and  con- 
scientious labor  to  make  this  event  the  most  brilliant  gathering  of 
the  kind  ever  held  in  Philadelphia.  The  President  of  the  United 
States  and  Mrs.  Cleveland,  assisted  by  the  cabinet  and  ladies  of 
the  cabinet,  were  to  receive  the  many  distinguished  guests  of  the 
Commission,  the  visitors  to  the  centennial,  and  the  ladies  and 
gentlemen  of  Philadelphia,  who  had  been  invited  by  the  Commis- 
sion to  be  present.  The  cards  of  invitation  to  this  reception  were 
exquisite  productions  of  the  engraver's  art,  and  well  worthy  of 
being  preserved  as  souvenirs  of  the  occasion.  There  were  two 
cards  tied  together  by  a  silken  cord  of  twined  red,  white,  and  blue. 
The  face  of  the  first  card  had  in  the  upper  corners  the  dates : 

1787.  1887. 

Beneath  these,  in  overlapping  medallions,  forming  an  arch,  were 
the  coats  of  arms  of  the  thirteen  original  States,  Pennsylvania, 


HISTORY  OF  THE 

the  keystone,  being  in  the  centre,  with  Rhode  Island,  New  York, 
New  Hampshire,  Maryland,  Connecticut,  and  New  Jersey  to  the 
left,  and  Delaware,  Georgia,  Massachusetts,  South  Carolina,  Vir- 
ginia, and  North  Carolina  to  the  right.  Under  this  arch  was  a 
well-executed  picture  of  the  capitol  building  at  Washington.  Be- 
neath the  capitol  was  the  national  coat  of  arms,  to  the  right  of 
which  was  a  picture  of  Independence  Hall,  and  to  the  left  a 
picture  of  Carpenters'  Hall.  On  the  face  of  the  second  card 
were  the  words  :  • 

THE  CONSTITUTIONAL  CENTENNIAL  COMMISSION 

Request  the  pleasure  of  your   company  at   a   reception   tendered  to  the 

PRESIDENT  OF  THE   UNITED   STATES, 

Friday  Evening,  September  16,   1887,  American  Academy  of  Music, 

Philadelphia. 

Had  the  spacious  Academy  of  Music  been  as  commodious  as 
the  greatest  of  the  centennial  buildings  of  1876,  the  Reception 
Committee  could  not  have  accommodated  the  half  of  those  who 
were  desirous  of  being  present  at  this  reception.  Patriotic  public 
spirit  commanded  each  citizen  to  assist,  according  to  his  ability  and 
opportunity,  in  making  the  Constitutional  Centennial  a  success. 
The  committee  desire  to  testify  to  the  hospitable  and  self-sacri- 
ficing spirit  of  so  many  of  Philadelphia's  best  people,  who,  recogniz- 
ing that  the  guests  of  your  Commission,  distinguished  visitors  and 
strangers  in  the  city,  should  first  be  the  recipients  of  the  invita- 
tions, cheerfully  accepted  personal  disappointment  that  others 
might  be  pleased.  It  is  this  spirit  which  gives  the  impulse  of 
success  to  all  the  celebrations  held  in  Philadelphia  ;  that  has  given 
it  its  name  of  "  the  City  of  Brotherly  Love  ;"  that  has  made  that 
name  loved  in  the  earthquake  and  fever-stricken  districts  of  the 
South,  and  wherever  pestilence,  fire,  or  storm  have  made  havoc 
and  scenes  of  suffering  and  desolation. 


CONSTITUTIONAL    CENTENNIAL   COMMISSION.  383 

The  distribution  of  these  cards  of  invitation  gave  your  com- 
mittee much  concern.  The  plan  of  distribution  originally  ap- 
proved by  the  Commission  was  strictly  followed,  but  still  the  re- 
quest for  cards  from  those  clearly  entitled  to  receive  them  could 
not  be  responded  to.  At  this  juncture  the  committee,  with  the 
approval  of  the  Commission,  issued  a  second  series  of  cards  for 
admission  to  the  reception  at  a  later  hour,  viz.,  after  ten  P.M. 
The  holders  of  these  cards  were  not  admitted  until  several  thou- 
sands of  the  guests  had  left  the  building.  It  is  estimated  that  ten 
thousand  people  were  present  during  the  evening.  Everybody 
seemed  to  have  been  moved  by  the  desire  to  be  first,  so  that 
crowds  gathered  in  front  of  the  Academy  as  early  as  half-past 
seven  o'clock,  and  at  once,  upon  the  opening  of  the  doors,  the 
vast  building  seemed  to  be  filled.  It  is  a  problem  how  to  accom- 
modate ten  thousand  people  in  a  building  with  capacity  for  five 
thousand.  Your  committee  believe  they  solved  the  problem  with 
a  tolerable  measure  of  success,  and  believe  that  this  measure 
would  have  been  greater  had  not  their  plans  been  somewhat 
encroached  upon  and  turned  aside  by  a  succession  of  events  over 
which  they  had  no  control  and  which  could  not  possibly  have  been 
foreseen.  The  special  sub-committee — Colonel  Chas.  H.  Banes, 
B.  K.  Jamison,  and  William  H.  Staake — were  ably  assisted  by  the 
gentlemanly  and  efficient  "  aides"  of  the  committee  under  the 
direction  of  Dr.  William  A.  Edwards.  A  small  card  had  been 
issued  to  the  guests  containing  the  request  : 

"  Guests  will  please  form  in  the  main  corridor,  first  floor,  facing  north, 
at  nine  o'clock,  in  the  rear  of  the  army  and  navy,  in  order  to  be  presented 
to  the  President  and  Mrs.  Cleveland." 

The  specially-invited  guests  of  the  Commission,  such  as  Ex- 
President  Rutherford  B.  Hayes,  Ex-Vice-President  Hannibal  Ham- 
lin,  the  Chief  Justice  and  associate  justices  of  the  Supreme  Court 
of  the  United  States,  the  members  of  the  cabinet  of  the  President, 


HISTORY  OF  THE 

the  governors  of  the  various  States,  distinguished  ecclesiastics,  the 
representatives  of  foreign  powers,  and  others,  were  invited  to 
meet  in  the  "greenroom,"  and  from  there  proceed  to  the  floor  of 
the  Academy,  to  be  presented  to  the  President  and  Mrs.  Cleve- 
land. The  "greenroom,"  perhaps,  had  never  before  held  such 
an  eminent  gathering,  with  so  many  representatives  of  the  beauty, 
genius,  talents,  statecraft,  and  diplomacy  of  the  nation.  Here 
were  men  of  great  intellectual  force,  kings  and  queens  of  society, 
cardinal  and  bishops,  financiers  and  statesmen,  governors  of  the 
independent  States  of  the  Union,  and  the  titled  ambassadors  and 
attaches  of  foreign  governments,  with  thousands  of  the  good 
people  of  Philadelphia  and  elsewhere,  all  waiting  to  do  honor  to 
the  nation's  chief. 

About  nine  o'clock  a  great  cheer  from  without  announced  the 
coming  of  the  President  and  his"  immediate  party.  A  moment 
afterwards  the  President  and  Mrs.  Cleveland  passed  through  the 
"greenroom."  They  bowed  to  friends,  whom  they  recognized, 
as  they  passed  to  the  proscenium  boxes,  which  had  been  reserved 
for  the  Presidential  party,  consisting  of  Secretary  Bayard,  Sec- 
retary and  Mrs.  Fairchild,  and  Colonel  and  Mrs.  Lament.  The 
chairman  of  the  Reception  Committee  was  in  charge  of  the  party, 
while  the  other  members  of  the  committee  and  the  "aides"  were 
exerting  themselves  to  the  utmost  to  marshal  the  guests  for  the 
grand  march  to  the  stage  of  the  Academy.  The  President  and 
Mrs.  Cleveland,  when  conducted  to  the  box,  sat  out  of  view 
of  the  multitude,  which  was  patiently  waiting  to  break  into  cheers 
when  aware  of  their  presence.  When  the  sub-committee  had 
formed  the  line  with  all  due  regard  for  the  order  of  precedence, 
which  prevails  at  the  nation's  capital  on  similar  occasions,  the 
President  and  Mrs.  Cleveland  returned  to  the  "greenroom." 

The  president  of  the  Commission  took  the  head  of  the  line 
with  President  Cleveland  at  his  side,  while  Mrs.  Cleveland  was 
escorted  by  Ex-President  Hayes.  Secretary  Bayard  and  Mrs. 


CONSTITUTIONAL    CENTENNIAL   COMMISSION.  385 

Fairchild,  Secretary  Fairchild  and  Mrs.  Lamont  immediately  fol- 
lowed, the  chairman  of  the  Reception  Committee  directing  the 
march  into  the  Academy.  The  curtain,  which  had  shut  out  the 
stage  from  those  in  front  of  it,  was  now  raised,  when  the  American 
Band,  of  Providence,  Rhode  Island,  under  the  leadership  of  D.  W. 
Reeves,  which  was  on  duty  with  the  band  of  the  First  Regiment 
of  Infantry,  of  Massachusetts  Volunteer  Militia,  struck  the  open- 
ing notes  of  a  spirited  march,  and  the  procession  marched  from 
the  "greenroom."  Cheer  upon  cheer  arose  as  soon  as  the 
President  and  his  wife  were  recognized.  They  both  acknowledged 
the  plaudits  of  the  audience  with  bows  and  smiles.  The  President 
and  Mrs.  Cleveland  took  places  at  the  back  of  the  stage,  the 
receiving  party  being  arranged  in  the  following  order :  First, 
President  Kasson,  then  Chairman  Thompson,  of  the  Reception 
Committee,  and  then  the  President.  Mrs.  Cleveland  stood  next, 
and  with  her  were  Mrs.  Amos  R.  Little,  Mrs.  Fairchild,  and  Mrs. 
Lamont.  Mr.  Amos  Little,  chairman  of  the  Executive  Committee, 
and  Mr.  Hampton  L.  Carson,  the  secretary  of  the  Commission, 
also  assisted  the  President  and  Mrs.  Cleveland  in  the  reception  of 
the  guests.  When  Justice  and  Mrs.  Miller  came  up,  Mrs.  Miller 
stopped,  and,  at  the  special  request  of  the  other  ladies,  joined  with 
them  in  the  reception.  Just  beyond  the  ladies  stood  Ex-President 
Hayes  and  the  venerable  Ex-Vice-President  Hannibal  Hamlin. 

Governor  Beaver  was  also  to  have  assisted  in  the  reception, 
but  as  he  had  been  at  the  military  and  naval  reception  at  the 
Union  League  he  did  not  arrive  until  late,  but  he  was  very  cordially 
received  when  he  did  arrive,  both  by  the  Presidential  party  and  the 
vast  concourse  of  people  filling  the  Academy. 

Equally  enthusiastic  was  the  reception  tendered  to  General 
Philip  H.  Sheridan,  when,  at  the  head  of  the  officers  of  the  army, 
navy,  and  militia  of  the  several  States,  he  marched  into  the 
Academy.  After  those  who  had  entered  with  the  President  had 
formally  paid  their  devoirs,  the  reception  really  began.  The  official 

VOL.  I. — 50 


,g6  HISTORY  OF  THE 

and  other  distinguished  visitors  came  at  the  head  of  the  enormous 
procession,  walking  two  by  two.  For  nearly  an  hour  they  alone, 
with  those  who  attended  from  the  military  and  naval  reception, 
made  a  most  brilliant  display.  From  all  parts  of  the  earth  they 
came.  Justices  of  the  United  States  Supreme  Court,  and  of  the 
State  courts,  governors  and  their  staffs,  the  Chinese  embassy  in 
their  quaint  garments,  Cardinal  Gibbons  in  silk  of  ruddy  hue,  a 
Japanese  delegation,  partisans  and  diplomats,  noblemen  and  heroes 
of  many  battle-fields  gay  with  ribbons,  glittering  with  decorations, 
imposing  in  showy  uniforms,  with  epaulets,  braid,  and  buttons  of 
golden  brightness.  They  came  and  passed  in  gorgeous  array, 
followed  line  upon  line  by  those  who  had  been  patiently  waiting  in 
the  corridors  for  presentation.  Mrs.  Cleveland  greeted  every  one 
as  cordially  as  the  President,  and  extended  her  hand. 

Mrs.  Cleveland,  after  some  two  hours,  retired  with  the  ladies 
of  her  party  to  the  Prince  of  Wales  proscenium  box,  where  they 
remained  under  the  escort  of  Secretary  Bayard. 

President  Cleveland  remained  until  the  last  visitor  had  taken 
him  by  the  hand,  and  then  rejoined  Mrs.  Cleveland  and  the  others 
in  the  box,  when  the  party  took  the  carriages  at  the  Locust  Street 
entrance,  and  were  driven  back  to  the  Lafayette.  It  had  been 
a  popular  reception,  the  sturdiest  Republican  jostling  the  most 
ardent  Democrat  for  admission.  The  judge,  the  lawyer,  the  phy- 
sician, manufacturer,  merchant,  broker,  banker,  politician,  and 
mechanic  were  all  there,  and  all  with  the  self-same  object  of 
responding  cheerily  to  the  opportunity  afforded  them  of  honoring 
the  President  of  the  United  States,  the  head  of  that  government 
of  the  people,  by  the  people,  through  a  Constitution,  which  had 
stood  the  trials  of  a  century  and  fostered  a  material  growth  more 
than  fabulous  to  the  older  world.  The  floral  decorations  of  the 
stage  were  most  beautiful.  Groups  of  palms  and  flowering  plants 
extended  round  the  sides  and  back  of  the  stage.  Hanging  from 
the  ceiling  was  a  huge  bell  of  white  carnations,  with  the  word 


CONSTITUTIONAL    CENTENNIAL   COMMISSION.  387 

"Liberty,"  in  pink,  running  across  it.  Above  this  was  a  floral  shield 
in  the  national  colors,  on  which  an  eagle  perched,  supporting  a 
scroll,  containing  the  inscription,  "Virtue  and  Independence."  Two 
immense  trophies  of  roses  stood  in  front  of  the  Presidential  party : 
one  contained  four  pieces,  emblematical  of  wisdom,  art,  merchan- 
dise, and  agriculture,  and  the  other,  four  designs  representing 
the  seasons.  The  fronts  of  the  lower  proscenium  boxes  were 
banked  with  ferns  and  palms.  At  appropriate  places  a  tasteful 
display  of  bunting  was  also  made.  On  the  whole  the  reception 
was  a  splendid  social  event,  and  a  fit  climax  of  the  social  side  of 
the  constitutional  centennial  celebration.  Among  so  many  thou- 
sands present,  your  committee  will  not  pretend  to  give  names. 
Suffice  it  to  say  that  all  of  the  eminent  and  honored  guests  of  the 
Commission,  the  hundreds,  if  not  thousands,  of  distinguished  vis- 
itors to  the  city,  and  the  best  representatives  of  all  classes  of  our 
own  citizens  were  present  and  joined  eagerly  in  making  the  event 
a  success.  It  had  been  expected  and  announced  that  the  United 
States  Marine  Band  would  take  a  prominent  part  in  the  exercises 
of  the  reception,  but  at  almost  the  last  moment  it  became  neces- 
sary to  make  other  arrangements.  It  was  at  this  juncture  that 
the  American  Band,  of  Providence,  Rhode  Island,  offered  its  ser- 
vices gratuitously,  which  generous  offer  was  accepted  by  the  Com- 
mittee. This  large,  efficient,  and  well-organized  band,  with  the 
Germania  Orchestra,  of  Philadelphia,  Professor  Charles  M.  Schmitz, 
conductor,  furnished  all  the  music  on  this  occasion.  The  thanks 
of  the  committee  were  subsequently  formally  tendered  to  the 
American  Band. 

THE   GENERAL   RECEPTION   TO   THE    CITIZENS   OF    PHILADELPHIA   IN   THE 
PUBLIC   BUILDINGS,  SATURDAY,  SEPTEMBER  17. 

The  scene  of  this  reception  was  the  meeting-room  of  the  com- 
missioners of  the  Public  Buildings.  Chairman  Thompson  and  Sec- 
retary Staake,  of  the  Reception  Committee,  accompanied  President 


HISTORY  OF  THE 

Cleveland ;  Colonel  Charles  H.  Banes  and  Mr.  B.  K.  Jamison  ac- 
companying Secretary  of  State  Bayard  and  Secretary  of  the 
Treasury  Fairchild.  The  carriages  drove  from  the  "  Lafayette," 
through  a  dense  mass  of  people,  to  the  southern  entrance  of  the 
Public  Buildings,  when,  alighting  from  the  carriages,  the  party  was 
soon  ushered  into  the  reception-room,  where  they  met  President 
Samuel  C.  Perkins,  of  the  Building  Commission,  and  others,  who 
had  assembled  to  witness  the  reception.  President  Cleveland 
stood  with  his  back  towards  the  west  wall  of  the  room,  under  a 
canopy  of  bunting  bearing  the  national  colors.  On  the  other  side 
stood  Secretary  Bayard  and  Secretary  Fairchild,  and  arranged  in 
a  semicircle  were  the  members  of  the  Reception  Committee. 
Passing  in  front  of  the  President  were  thousands  of  people  of  all 
classes  and  conditions.  The  crowd  had  gathered  under  the  south 
pavilion  of  the  building  as  early  as  six  o'clock  A.M.,  and  by  eight 
o'clock  the  officers,  under  the  command  of  Captains  Edgar  and 
Quirk,  had  the  line  of  approach  formed,  extending  around  the 
southwest  corner  of  the  hall.  But  the  people  paid  no  attention  to 
the  police  arrangement.  When  the  President's  carriage  arrived 
at  the  southern  entrance  from  Broad  Street,  it  was  only  with  the 
greatest  difficulty  that  a  passage-way  was  made  for  it.  It  was  not 
a  homogeneous  crowd,  although  its  enthusiasm  was  spontaneous 
and  universal.  The  street  laborer,  with  the  marks  of  the  clay  and 
the  tar  of  the  Belgian  pavement  only  partially  removed,  shouted 
his  "hurrah,"  while  the  well-to-do  merchant  at  his  side  swung 
his  hat  high  in  the  air.  It  was  a  crowd  of  people  whose  varied 
nativity  was  lost  sight  of  in  the  consciousness  of  present  alle- 
giance ;  whose  personality  was  sunk  in  the  act  of  respect  to  the 
President.  There  were  two  lines  of  approach.  In  front  of  the 
building  had  been  built  a  stand  from  which  to  view  the  parade. 
The  line  was  made  to  move  along  the  face  of  this  from  the  west 
to  the  entrance.  In  order  to  establish  a  line  which  would  be  in 
single  file,  the  policemen  on  duty  began  to  press  the  crowd  back 


CONSTITUTIONAL   CENTENNIAL    COMMISSION.  389 

towards  the  west,  leaving  room  between  their  line  and  the  face  of 
the  stand  for  only  one  person  to  pass.  Everybody  was  ordered 
to  fall  in  behind.  Hundreds  availed  themselves  of  this  to  fall  in, 
until  the  line  extended  down  the  centre  of  the  pavement,  around 
the  Public  Buildings,  while  the  rear  reached  around  on  the  north 
front  beyond  the  entrance  there.  When  the  police  had  reached 
the  western  limit  of  the  stand,  they  established  a  new  line  along 
the  extreme  western  face  of  the  building,  with  a  turn  at  the 
western  end  of  the  stand.  The  two  streams  of  people  converged 
at  the  corner  of  the  stand,  and  the  confusion  was  such  as  had 
never  been  experienced  before ;  but  the  police  had  it  their  own 
way,  and  every  vigorous  kicker,  if  a  man,  was  escorted  to  the 
edge  of  the  crowd ;  if  a  woman,  the  line  would  be  stopped  long 
enough  to  place  her  in  the  march  upon  the  President. 

The  line  filed  under  the  archway  and  turned  to  the  left  in  the 
room  of  the  Commission.  Passing  at  a  rate  which  varied  from 
fifty-one  to  sixty-seven  in  a  minute,  it  was  estimated  that  between 
five  thousand  five  hundred  and  six  thousand  people  stepped  in 
front  of  the  President  and  were  rewarded  by  a  grasp  of  his  hand. 

When  the  hour  for  closing  the  reception  had  arrived,  the  iron 
gates  were  closed  in  the  faces  of  more  than  ten  thousand  people, 
who  were  unable  to  obtain  admittance.  Mr.  Cleveland  was  greatly 
exhausted,  and  retired  to  the  headquarters  of  the  Centennial 
Medical  Committee,  which  were  in  the  rear  of  the  room  in  which 
he  rested  for  a  few  minutes  before  entering  his  carriage.  His 
appearance  at  the  entrance  was  the  signal  for  a  mighty  shout  from 
the  throng,  which  seemed  to  have  increased  with  the  gathering 
minutes,  and  it  was  as  much  as  the  force  of  policemen  could  do  to 
make  a  passage-way  through  the  cheering  and  hat-waving  crowd, 
which  packed  Broad  Street  all  the  way  to  Walnut  Street,  and 
below.  From  the  reception  the  President  drove  to  the  Lafayette, 
where  Mrs.  Cleveland  joined  him.  Together  they  proceeded 
through  Walnut  Street  to  Eighth,  to  Chestnut,  and  to  the  old  State 


HISTORY  OF  THE 

House,  the  chairman  of  the  Reception  Committee  escorting  the 
President  and  Mrs.  Cleveland,  Secretary  Staake  escorting  Secre- 
tary Bayard,  Secretary  and  Mrs.  Fairchild,  and  Mr.  B.  K.  Jamison 
Colonel  and  Mrs.  Lamont. 

The  ride  from  the  Lafayette  to  Independence  Hall,  through  the 
crowded  thoroughfares,  was  amid  huzzas,  cheers,  clapping  of 
hands,  and  waving  of  handkerchiefs  by  the  multitudes  assembled 
on  both  sides  of  the  Street.  Director  of  Public  Works  General 
Louis  Wagner  met  the  party  in  the  vestibule  of  Independence 
Hall  and  conducted  them  into  the  Hall,  where,  remaining  but  a 
moment,  they  proceeded  to  the  grand  stand  to  take  part  in  the 
ceremonies  in  Independence  Square. 

At  the  close  of  the  ceremonies  in  the  square  the  Presidential 
party  was  escorted  back  to  the  Lafayette  amid  the  same  enthusi- 
astic demonstrations  of  respect  and  welcome  which  had  greeted 
their  approach  to  Independence  Hall. 

THE   DINNER   OF  THE   HIBERNIAN   SOCIETY. 

President  Cleveland  was  the  central  figure  at  the  Hibernian 
Society's  Constitutional  Banquet,  on  Saturday  afternoon,  at  St. 
George's  Hall.  The  dinner  was  attended  by  nearly  all  the  dis- 
tinguished Centennial  guests  and  many  well-known  Philadelphians, 
and  proved  to  be  one  of  the  most  successful  affairs  of  the  kind 
ever  given  under  the  auspices  of  the  society.  The  guests  had 
been  seated  only  a  few  minutes  when  the  President  entered  the 
hall,  escorted  by  William  M.  Singerly  and  Edwin  S.  Stuart,  fol- 
lowed by  Secretary  Fairchild  with  Mr.  B.  K.  Jamison.  All  the 
gentlemen  immediately  arose,  and  as  the  President  walked  up  the 
aisle  to  the  first  table  he  was  accorded  one  of  the  heartiest  ova- 
tions that  had  been  given  him  since  his  visit  to  Philadelphia  His 
speech,  though  brief,  won  hearty  applause  and  the  unbounded 
admiration  of  all  present.  The  President  retired  soon  after  the 
speaking,  in  order  to  keep  another  engagement  at  the  Academy 


CONSTITUTIONAL    CENTENNIAL   COMMISSION.  391 

of  Music,  and  as  he  moved  down  the  long  aisle  to  the  door  his 
passage  was  blocked  every  inch  of  the  way  by  enthusiastic  ad- 
mirers, who  warmly  shook  him  by  the  hand. 

The  decorations  were  very  elaborate.  The  stairway  leading 
to  the  banquet-hall  was  lined  with  palms,  other  growing  plants, 
and  rose-bushes  in  full  bloom.  Four  long  tables,  capable  of  seat- 
ing seventy-five  persons  each,  ran  the  length  of  the  hall.  At  the 
head  of  the  room,  and  running  at  right  angles  with  the  others, 
was  the  table  at  which  the  chairman  and  distinguished  guests 
were  seated.  The  latter  was  filled  with  chpice  flowers  and  plants, 
around  which  were  twined  row  after  row  of  smilax.  In  front  of 
the  chairman  was  a  huge  bouquet  of  Marechal  Niel  roses.  The 
snow-white  linen,  the  flash  of  colored  lights,  the  glistening  glasses, 
and  the  flowers  and  ferns  scattered  over  the  tables  made  a  charm- 
ing picture.  From  each  of  the  eight  chandeliers  were  suspended 
great  balls  of  roses  held  by  strings  of  smilax.  Immediately 
behind  the  chairman  was  an  American  shield  made  of  red,  white, 
and  blue  immortelles.  Above  this  was  suspended  the  venerable 
green  banner  of  the  Hibernian  Society,  bearing  upon  its  face  a 
picture  of  the  American  eagle,  the  head  and  bust  of  the  Maid  of 
Erin,  and  the  Irish  harp.  Hassler's  orchestra  was  located  in  the 
gallery,  and  rendered  sweet  music  at  frequent  intervals  during 
the  banquet. 

RECEPTION   TO    MRS.   CLEVELAND   BY   MR.    AND   MRS.   CHILDS. 

It  was  quite  certain,  three  or  four  days  before  this  reception, 
that  if  the  day  should  be  fair  the  reception  at "  Wootton"  would  be 
a  great  success.  The  day  could  not  have  been  more  charming. 
The  entertainment  was  a  social  triumph,  and  one  of  the  most 
beautiful  ever  seen  even  at  Mr.  and  Mrs.  George  W.  Childs's  de- 
lightful country-seat,  the  scene  of  so  much  splendid  hospitality. 
The  fact  that  Mrs.  Cleveland  would  leave  on  a  special  train  for 
Wootton  at  three  o'clock  was  generally  known,  and  brought  a 


HISTORY  OF  THE 

large  crowd  around  the  station  at  Broad  Street.  It  had  been 
arranged  that  Mrs.  Cleveland  and  other  of  Mr.  Childs's  guests 
should  pass  into  the  station  by  a  private  entrance  on  Filbert  Street, 
and  a  corps  of  officers  were  busy  in  keeping  the  way  clear.  Mrs. 
Cleveland  drove  over  in  an  open  carriage  from  her  hotel,  accom- 
panied by  Secretary  Bayard,  Mrs.  Fairchild,  Mrs.  Lament,  Colonel 
Lament,  and  the  chairman  of  the  Reception  Committee.  She  was 
recognized  by  every  one,  and  received  a  cordial  greeting  from  the 
waiting  crowd. 

Mrs.  Cleveland  was  met  by  Mr.  Childs  and  assisted  into  Presi- 
dent Roberts's  private  car,  the  last  on  the  train,  and  the  remainder 
of  her  party,  with  one  or  two  other  specially-favored  guests,  fol- 
lowed. The  car,  which  is  daintily  furnished,  was  gay  with  flowers, 
and  a  vase  of  particularly  fine  Pearl  roses  stood  on  a  table  near 
Mrs.  Cleveland. 

At  the  station  at  Bryn  Mawr  there  was  another  throng — most 
of  them  country  people — waiting  to  catch  a  glimpse  of  the  Presi- 
dent's wife.  Carnages  and  omnibuses  were  waiting  in  line  to  take 
over  most  of  the  guests.  "The  lady  of  the  White  House,"  how 
ever,  was  to  go  over  in  more  regal  style.  William  Struthers's 
"  tally-ho,"  drawn  by  four  splendid  and  spirited  horses,  was  await- 
ing her  commands.  Mr.  Struthers  himself  was  on  the  box. 

Mr.  Childs,  with  Mrs.  Cleveland  on  his  arm,  came  out  of  the 
car  and  walked  over  to  the  coach  with  a  troop  of  country  people 
behind  them.  Mrs.  Fairchild,  General  and  Mrs.  Sheridan,  Secre- 
tary Bayard,  and  Mr.  Childs,  took  places  on  the  coach  behind  Mrs. 
Cleveland.  The  party  made  a  detour  so  as  to  allow  the  guests 
generally  an  opportunity  to  reach  "Wootton"  and  greet  Mrs. 
Cleveland  on  her  arrival  there,  and  also  to  give  the  special  guest 
of  the  day  a  look  at  the  lovely  country  around  Bryn  Mawr. 

The  reception  took  place  in  the  hall  of  the  house,  which  was 
superbly  decorated  with  cut  flowers.  Mrs.  Cleveland  stood  be- 
tween Mr.  and  Mrs.  Childs,  just  at  the  foot  of  the  winding  stairway. 


CONSTITUTIONAL    CENTENNIAL   COMMISSION.  393 

Mrs.  Childs  was  assisted  in  receiving  and  introducing  guests  to 
Mrs.  Cleveland  by  Mrs.  Bishop  Potter,  of  New  York;  Mrs. 
Laughton,  of  Washington;  Mrs.  S.  J.  Randall,  Mrs.  General 
Sheridan,  Mrs.  Colonel  F.  D.  Grant,  Mrs.  Joseph  Pullitzer,  of  New 
York  ;  Mrs.  J.  Dundas  Lippincott,  Mrs.  Richard  L.  Ashhurst,  Mrs. 
Richard  M.  Cadwalader,  Miss  Patterson,  and  the  Misses  Smith. 

BANQUET  AT  THE  AMERICAN  ACADEMY  OF  MUSIC. 

At  the  close  of  the  dinner  of  the  Hibernian  Society,  the  Presi- 
dent returned  to  the  Hotel  Lafayette,  and  was  subsequently  es- 
corted by  the  members  of  the  Reception  Committee  to  the  Amer- 
ican Academy  of  Music,  to  participate  in  the  banquet  given  by 
the  following  learned  societies  of  Philadelphia :  the  University  of 
Pennsylvania,  the  Pennsylvania  Historical  Society,  the  Academy  of 
Fine  Arts,  the  Academy  of  Natural  Sciences,  the  Franklin  Insti- 
tute, the  Law  Academy  of  Philadelphia,  the  American  Philosoph- 
ical Society,  and  the  College  of  Physicians.  The  President  arrived 
at  the  Academy  promptly  on  the  stroke  of  six.  At  about  half- 
past  six  o'clock,  to  the  familiar  music  of  "Hail  to  the  Chief,"  the 
President,  escorted  by  Provost  Pepper  of  the  University  of  Penn- 
sylvania, proceeded  to  the  floor  of  the  Academy,  and  was  most 
heartily  received,  both  upon  his  entrance  and  after  his  response  to 
the  first  toast  of  the  evening, — "The  President  of  the  United 
States."  While  the  banquet  was  in  progress  on  the  floor  of  the 
Academy,  a  most  interesting  and  beautiful  scene  was  taking  place 
in  the  foyer  and  in  the  corridors  immediately  adjoining.  This  was 
the  reception  given  by  Mrs.  Cleveland  to  the  ladies  of  Philadel- 
phia, many  of  them  the  wives  of  those  who  were  taking  part  in 
the  banquet.  Mrs.  Cleveland  stood  in  the  centre  of  the  foyer, 
and  for  nearly  an  hour  shook  hands  with  all  of  the  ladies  who 
came  up  to  her.  The  guests  were  presented  by  Mrs.  J.  Dundas 
Lippincott.  This  affair  was  almost  exclusively  a  ladies'  reception, 
but  few  gentlemen  participating  in  it.  When  the  responses  to  the 

VOL.  I. — 51 


HISTORY  OF  THE 
394 

toasts  were  about  to  be  made  at  the  banquet,  Mrs.  Cleveland, 
escorted  by  Mrs.  Waite,  wife  of  the  Chief  Justice,  Mrs.  Miller, 
wife  of  Mr.  Justice  Miller,  Mrs.  Fairchild,  Mrs.  Daniel  Lamont, 
and  Mrs.  J.  Dundas  Lippincott,  proceeded  to  the  balcony  box  on 
the  south  side  of  the  house,  from  which  position  she  could  survey 
the  whole  of  the  active  scene  on  the  floor  of  the  Academy.  As 
the  Lady  of  the  White  House  made  her  appearance,  the  com- 
mittee of  ladies  were  ushered  into  their  seats  in  the  front  row 
of  the  balcony,  extending  from  the  box  in  which  Mrs.  Cleveland 
sat.  The  committee  was  composed  as  follows  : 

Mrs.  J.  Dundas  Lippincott,  Mrs.  Clarence  H.  Clark, 

Mrs.  Edwin  H.  Fitler,  Mrs.  A.  Loudon  Snowden, 

Mrs.  Chas.  Henry  Hart,  Mrs.  Louis  Starr, 

Mrs.  Samuel  Dickson,  Mrs.  John  R.  Fell, 

Mrs.  Henry  Whelen,  Mrs.  William  Pepper, 
Mrs.  Thomas  M.  Thompson,     Mrs.  John  Cadwalader, 

Mrs.  R.  L.  Ashhurst,  Mrs.  C.  H.  C.  Brock, 

Mrs.  Geo.  W.  Childs,  Mrs.  W.  Rotch  Wister, 

Mrs.  J.  Granville  Leach,  Mrs.  George  Meade, 

Mrs.  Geo.  H.  Fisher,  Mrs.  C.  C.  Harrison, 

Mrs.  Amos  R.  Little,  Mrs.  S.  Weir  Mitchell, 

Mrs.  E.  D.  Gillespie,  Mrs.  Chas.  H.  Banes, 

Mrs.  Morton  McMichael,  Mrs.  William  Sellers, 

Mrs.  Geo.  B.  Roberts,  Mrs.  Henry  C.  Gibson, 

Mrs.  Frank  M.  Dick,  Mrs.  Alex.  B.  Coxe. 

After  these  had  been  seated,  the  doors  were  thrown  open  to 
the  entrance  of  the  ladies  who  had  received  invitations  to  be 
present.  These,  with  their  escorts,  soon  filled  the  balcony,  nearly 
every  seat  being  taken. 

The  presence  of  the  ladies  during  the  speech-making  was  an 
innovation,  not  more  appreciated  by  them  than  by  the  gentlemen 
participating  in  the  banquet,  and  added  brilliancy  to  the  scene. 


CONSTITUTIONAL    CENTENNIAL    COMMISSION.  395 

Shortly  before  ten  o'clock,  President  Cleveland,  with  most  of 
the  governors  and  ex-governors  gathered  about  him,  retired  from 
the  banquet,  but  so  quietly  that  but  little  confusion  was  occasioned 
by  his  withdrawal.  At  the  same  moment,  Mrs.  Cleveland  and  the 
committee  of  ladies  accompanying  her,  also  withdrew  from  the 
balcony  box  to  join  the  President  prior  to  their  departure  for 
Washington. 

After  attending  the  President  and  Mrs.  Cleveland  to  the 
depot,  the  labors  of  your  committee  were  formally  terminated. 

One  of  the  most  gratifying  results  of  this  celebration  was 
found  in  the  universal  and  unstinted  praise  of  the  spirit  and  hos- 
pitality shown  by  the  people  of  the  city.  This  praise  was  not 
given  merely  as  a  compliment,  but  because  it  was  thoroughly 
deserved.  During  the  whole  week  the  city  had  been  crowded 
with  strangers  from  all  parts  of  the  country.  Transportation  com- 
panies, hotels,  and  almost  all  public  places  had  been  taxed  to  their 
utmost.  Our  own  citizens  were  necessarily  subjected  to  some  in- 
convenience, but  with  that  spirit  and  enthusiasm  which  is  charac- 
teristic of  Philadelphia  under  such  circumstances,  and  which  has 
made  it  a  world-wide  reputation  for  its  achievements,  they  entered 
into  the  celebration  with  an  earnestness  and  unity  of  feeling 
which  could  only  eventuate  in  entire  success.  To  the  members 
of  your  Commission,  and  most  especially  to  the  president  of  the 
Commission,  the  chairman  of  the  Executive  Committee,  and  the 
secretary,  your  Reception  Committee  is  indebted  for  cordial  sup- 
port and  co-operation  in  the  performance  of  the  responsible  duties 
intrusted  to  it.  The  committee  discharged  the  work  committed  to 
it  to  the  best  of  its  ability,  and  it  believes  and  hopes  to  the  satis- 
faction of  the  Constitutional  Centennial  Commission.  On  the 
2ist  of  September,  1887,  the  chairman  of  the  committee  received 
the  following  graceful  note  of  congratulation  from  your  Commis- 
sion and  the  executive  officers  of  the  same,  which  was  most  heart- 
ily appreciated,  not  only  by  the  chairman  but  by  the  members  of 


HISTORY  OF  THE 

the  Reception  Committee  who  so  earnestly  co-operated  with  him, 
and  which  is  included  in  this  report  as  a  record  of  the  approval 
of  the  committee's  labors  by  the  Commission. 

The  reception  which  most  pleased  the  President  during  his 
visit  to  Philadelphia  was  the  popular  greeting  on  Saturday  morn- 
ing, in  the  commissioners'  room,  at  the  new  Public  Buildings.  He 
frequently  referred  to  it  as  the  most  gratifying  event  of  the  cele- 
bration. He  said  the  deportment,  the  faces,  the  earnest  and  honest 
manner  and  the  hearty  enthusiasm  of  the  throng,  impressed  him 
with  the  fact  that  the  loyalty  of  the  people  to  their  government 
was  being  expressed  by  those  best  able  to  maintain  and  defend  it. 
In  leaving  the  city  the  President  and  Mrs.  Cleveland  expressed 
their  deep  feelings  of  appreciation  of  the  skilful  and  kindly  manner 
in  which  they  had  been  conducted  through  all  the  stages  and 
phases  of  the  three  days'  celebration.  They  were  not  only  grati- 
fied at  the  manner  of  their  reception  and  the  warm  hospitality  of 
the  people  of  Philadelphia,  but  they  were  highly  delighted  with  the 
complete  success  of  the  celebration.  Your  committee  believes 
that  they  but  echoed  the  sentiments  and  the  feeling  of  appreciation 
of  all  of  the  guests  of  the  Constitutional  Centennial  Commission. 
The  committee  is  indebted  to  their  secretary,  Mr.  Wm.  H:  Staake, 
for  the  preparation  and  compilation  of  this  report.  With  the 
earnest  hope  that  the  success  which  has  so  deservedly  greeted  the 
efforts  of  your  honorable  body  may  be  auspicious  of  a  new  century 
of  liberty,  blessing,  progress,  and  prosperity  for  our  beloved 
country, 

I  am,  most  respectfully,  your  obedient  servant, 

THOMAS   M.  THOMPSON, 

Chairman  of  Reception  Committee. 

"  PHILADELPHIA,  September  21,  1887. 

"THOMAS  M.  THOMPSON,  ESQ.: 

"  DEAR  SIR, — We  have  the  honor  to  send  you  a  copy  of  a  resolution  of 
thanks  adopted  by  the  Constitutional  Centennial  Commission  at  their  final 
meeting. 


CONSTITUTIONAL    CENTENNIAL   COMMISSION.  397 

"  Will  you  allow  us  to  add  our  appreciative  acknowledgments  of  the 
excellent  judgment  which  has  characterized  your  arrangements  and  of 
the  skill  with  which  they  were  executed.  We  are  under  many  personal 
obligations  to  you  for  the  manner  in  which  you  discharged  the  duties  of 
your  department,  and  the  general  satisfaction  of  our  many  guests  but 
echoes  our  own  sentiments  in  regard  to  your  conduct  of  a  most  difficult 
and  arduous  duty.  Believe  us  to  be, 

"  Very  sincerely,  yours, 

"JOHN   A.   KASSON, 

"  President  Constitutional  Centennial  Commission. 
"AMOS   R.    LITTLE, 

"  Chairman  Executive  Committee. 
"HAMPTON   L.   CARSON, 
"  Secretary  Constitutional  Centennial  Commission" 


398 


HISTORY  OF  THE 


REPORT  OF  THE   COMMITTEE   ON   MUSIC. 

PHILADELPHIA,  October  13,  1887. 
THE  CONSTITUTIONAL  CENTENNIAL  COMMISSION: 

GENTLEMEN, — The  Committee  on  Music  appointed  by  your 
honorable  body  beg  leave  most  respectfully  to  report :  That  they 
organized  promptly,  and  proceeded  to  make  arrangements  for  the 
musical  features  of  the  celebration,  which  were  to  take  place  in 
Independence  Square  on  Saturday,  September  17. 

By  the  kind  permission  and  orders  of  the  United  States  gov- 
ernment, the  Marine  Band  of  Washington,  under  the  able  leader- 
ship of  Professor  Soussa,  was  placed  at  our  disposal  to  furnish 
the  instrumental  portion  of  the  music,  and  also  to  furnish  the 
accompaniments  to  the  singing. 

After  a  careful  consideration  of  the  character  of  the  pro- 
gramme, and  the  intended  purpose  of  the  celebration  on  Septem- 
ber 17,  the  Committee  on  Music  decided  to  have  vocal  music 
rendered  by  two  choruses,  one  a  chorus  of  two  thousand  voices 
of  the  children  of  the  public  schools  of  Philadelphia,  and  the 
other  a  chorus  of  the  male  singers  selected  from  the  various 
societies. 

An  application  was  made  to  the  Board  of  Education  for  per- 
mission to  have  the  children  sing,  which  they  kindly  and  promptly 
granted. 

A  contract  was  thereupon  made  with  Professor  A.  H.  Rose- 
wig,  who  agreed  to  have  the  children  properly  trained,  to  furnish 
the  requisite  number  of  assistant  music  teachers,  to  conduct  the 
final  general  rehearsal,  to  furnish  badges  of  admission  for  each  of 
the  children,  and  all  of  the  music  necessary. 

The  assistant  teachers  were  thereafter  appointed,  and,  under 


CONSTITUTIONAL   CENTENNIAL   COMMISSION.  399 

the  personal  supervision  of  Professor  Rosewig,  rehearsals  were 
had  at  a  number  of  public  schools,  in  different  sections  of  the  city, 
of  two  or  three  hundred  voices  at  a  time. 

On  Wednesday,  September  14,  two  thousand  boys  assembled 
in  Musical  Fund  Hall,  at  ten  o'clock  in  the  morning,  at  which 
time  a  general  rehearsal  was  successfully  conducted  by  Prof.  Rose- 
wig.  The  boys  subsequently  met  in  Washington  Square  on  the 
morning  of  Saturday,  September  17,  and  marched  in  good  order 
to  Independence  Square,  where  they  were  assigned  to  their  places 
on  the  platform,  which  had  been  provided  for  them. 

The  official  programme  shows  the  number  and  character  of  the 
pieces  which  they  rendered. 

We  desire  to  make  a  special  mention  of  the  singing  of  the  new 
"  Hail  Columbia,"  the  words  of  which  seemed  to  inspire  the  boys 
to  the  extent  that  they  gladly  committed  it  to  memory,  thus  giving 
it  a  better  musical  effect  than  otherwise  would  have  been  the  case. 

The  committee  elected  Professor  Samuel  L.  Hermann  to  con- 
duct the  rehearsals  and  lead  the  chorus  of  men's  voices. 

Through  the  courtesy  of  the  presidents  and  officers  of  the 
following-named  musical  societies,  notices  were  sent  to  the  male 
members  of  those  organizations,  together  with  a  postal-card,  which 
they  were  to  return  to  the  committee,  and  on  which  they  were  to 
state  whether  they  would  be  able  to  sing  at  the  celebration  on 
September  17  or  not. 

Msennerchor.  Young  Germania. 

Young  Maennerchor.  Germantown  Choral  Society. 

Harmonic.  The  Cecilian. 

Philadelphia  Quartet  Club.  The  Philadelphia  Chorus. 

Orpheus  Club.  The  Mendelssohn  Society. 

A  large  number  of  favorable  responses  were  received  from  the 
male  members  of  these  organizations,  and  the  result  was  a  chorus 
of  three  hundred  accomplished  singers.  They  attended  two  re- 


400  HISTORY  OF    THE   COMMISSION. 

hearsals,  held  in  Musical  Fund  Hall  on  the  evenings  of  September 
9  and  12,  and  it  is  generally  admitted  that,  through  the  energy  of 
Professor  Hermann  and  the  hearty  co-operation  of  the  members 
of  the  chorus,  the  three  pieces  rendered  by  them  were  decided 
musical  features  of  the  programme. 

They  sang  the  celebrated  cantata,  written  by  Mendelssohn  to 
the  "Sons  of  Art,"  the  "Star-Spangled  Banner,"  and  the  musical 
portion  of  the  new  National  Hymn,  the  words  of  which  were 
written  by  Mr.  F.  Marion  Crawford.  Each  verse  of  this  hymn 
closes  with  a  grand  and  inspiring  chorus,  and  it  was  thought 
advisable  in  every  way,  if  possible,  to  have  suitable  music  com- 
posed for  the  words  of  the  chorus,  and  to  have  the  same  rendered 
by  the  male  voices,  in  conjunction  with  the  Marine  Band. 

Mr.  W.  W.  Gilchrist,  a  noted  musician  of  this  city,  was  re- 
quested to  undertake  the  task,  which  he  accomplished  in  a  highly 
successful  manner,  the  result  being  a  musical  composition  of  a  high 
order,  well  suited  to  the  words  and  the  spirit  of  the  poem,  well 
adapted  to  men's  voices,  and  which  produced  a  telling  musical 
effect  in  Independence  Square. 

Mr.  Gilchrist  rendered  his  services  gratuitously,  and  as  an 
offering  on  his  part  towards  the  success  of  the  celebration. 

The  Marine  Band,  of  Washington,  gave  most  valuable  assist- 
ance, and  performed  several  selections,  to  the  evident  gratification 
of  the  large  audience. 

While  the  expenses  of  the  committee  were  estimated  at  two 
thousand  dollars,  they  were  confined  to  a  sum  less  than  thirteen 
hundred  dollars. 

Your  committee  desire  to  thank  most  heartily  the  officers  and 
members  of  the  Constitutional  Centennial  Commission  for  many 
valuable  suggestions  and  their  hearty  co-operation. 

All  of  which  is  respectfully  submitted  by 

WM.  HENRY   LEX, 
Cliairman  Music  Committee,  Constitutional  Centennial  Commission. 


SELECTIONS    FROM  THE   CORRESPONDENCE    OF   THE 

COMMISSION. 


WASHINGTON,  D.  C.,  September  i,  1887. 

DEAR  MR.  KASSON, — I  thank  you  very  much  for  your  kind 
invitation  to  be  present  on  the  1 7th  of  this  month,  to  deliver  an 
address  to  your  meeting  celebrating  the  centennial  of  the  Consti- 
tution ;  but  pray  remember  that  the  burden  of  nearly  eighty-eight 
years  weighs  heavily  upori  me  and  prevents  my  being  with  you. 

The  event  you.  celebrate  has  not  its  parallel  in  the  world's 
history.  These  hundred  years  of  our  republic  have  proved  that 
"a  government  of  the  people,  by  the  people,  for  the  people," 
which  hitherto  has  been  thought  possible  only  in  a  single  city  and 
its  environs,  is  still  better  suited  for  the  government  of  a  conti- 
nent ;  and  that  a  federal  republic  excels  all  other  forms  of  govern- 
ment in  strength  and  durability.  Every  nation  in  Europe  has  in 
that  period  undergone  a  revolution  or  a  violent  change  of  dynasty, 
while  our  federal  union  remains  firm  and  unshaken. 

The  thirteen  original  States  possessed  over  three  hundred  and 
twenty-five  thousand  square  miles,  and  now  our  States  and  Terri- 
tories cover  an  area  of  over  three  and  a  quarter  millions  of  them. 

It  was  at  first  feared  that  the  vast  extent  of  the  American  ter- 
ritory would  endanger  the  republic ;  but  it  was  soon  found  that 
the  larger  its  area  the  more  safe  is  its  union,  for  inter-citizenship, 
with  all  its  blessings,  is  free  from  end  to  end  of  its  domain ;  so 
that  however  far  a  citizen  journeys  within  its  almost  boundless 
extent,  he  arrives  not  as  a  foreigner  but  as  a  fellow  of  those  to 
whom  he  may  come. 

In  spirit  I  shall  join  your  gathering  of  lovers  of  their  country, 

and  am  ever, 

Most  truly,  yours, 

GEO.   BANCROFT. 

VOL.  I.— 52  4°I 


SELECTIONS  FROM  THE 

LONDON,  July  20,   1887. 

GENTLEMEN,— I  have  had  the  great  honor  to  receive  your 
invitation  to  attend  the  approaching  celebration  of  the  centenary 
of  the  American  Constitution. 

The  attractions  of  this  invitation  are  enhanced  to  me  by  the 
circumstance  that  I  have  always  regarded  that  Constitution  as  the 
most  remarkable  work  known  to  me  in  modern  times  to  have 
been  produced  by  the  human  intellect,  at  a  single  stroke  (so  to 
speak),  in  its  application  to  political  affairs. 

The  invitation  has  also  been  accompanied  with  every  accessory 
which  even  American  hospitality  could  devise. 

Had  I  real  option  in  the  case,  I  could  not  but  accept  it;  but 
the  limitations  of  my  strength  and  time,  and  the  incessant  pressure 
of  my  engagements  from  day  to  day  make  me  too  well  aware  that 
I  have  none. 

So  far  as  I  am  able  to  foresee,  or  free  to  decide,  the  whole  of 
the  small  residue  of  activity  which  remains  at  my  command  in 
connection  with  State  affairs  is  dedicated  to  the  prosecution  of  a 
great  work  at  home.  I  regard  the  Irish  question  as  the  most 
urgent  in  its  demands,  and  as  the  most  full  of  the  promise  of 
widely  beneficial  results  for  my  country  in  which  I  have  ever 
been  engaged.  I  have  therefore  no  remaining  fund  of  time  or 
capacity  for  public  exertion  on  which  to  draw.  I  ought,  perhaps, 
to  add  that,  viewing  the  jealousies  prevalent  at  this  time  in  Eng- 
land, I  am  doubtful  whether  those  jealousies  might  not  for  the 
moment  be  stimulated  were  I  to  accept  the  distinction  you  offer 
me,  not  less  signal  than  undeserved. 

The  first  of  these  reasons,  however,  is  that  which  removes 
from  me  freedom  of  moral  choice  in  this  matter,  and  compels  me 
to  decline  the  most  flattering  proposal  I  ever  have  received. 

I  shall  watch,  gentlemen,  with  a  profound  interest  the  proceed- 
ings at  your  celebration,  when  you  will  have  to  look  back  upon 
a  century  of  national  advancement  without  a  parallel  in  history, 


CORRESPONDENCE  OF  THE  COMMISSION.  403 

and  to  look  forward  to  its  probable  continuance  upon  a  still  larger 
scale,  with  an  accumulation  of  high  duties  and  responsibilities 
proportioned  to  an  ever-growing  power.  That  you  and  your 
children  may  be  enabled  by  the  Almighty  worthily  to  meet  them 
is  and  will  be,  I  am  confident,  the  prayer  of  your  kinsmen  on  this 
side  the  water ;  who  hope,  nay,  who  believe,  that  the  moral  rela- 
tions of  the  several  portions  of  our  race  are  wisely  destined  to 
acquire,  with  the  lapse  of  time,  an  increasing  harmony  and  close- 
ness. 

I  beg  to  remain,  gentlemen, 

Your  obliged  and  faithful  servant, 

W.   E.   GLADSTONE. 

To  the  Hon.  JOHN   A.   KASSON,  AMOS   R.    LITTLE,  HAMPTON  L.  CARSON, 
and  THOMAS  COCHRAN. 

RICHFIELD  SPRINGS,  N.  Y.,  August  28,  1887. 
HAMPTON  L.  CARSON,  ESQ., 

Secretary  of  the  Constitutional  Centennial  Commission,  Philadelphia. 

DEAR  SIR, — I  have  received  the  official  card,  requesting  my 
presence  at  the  celebration  of  the  centennial  anniversary  of  the 
framing  and  adoption  of  the  Constitution  of  the  United  States,  at 
Philadelphia,  on  the  i5th,  i6th,  and  I7th  days  of  September  next. 

I  regret  that  it  will  not  be  in  my  power  to  be  present  on  either 
of  the  days  of  the  celebration.  I  regret  it  the  more  because  the 
study  of  the  Constitution  and  its  history  has  been  almost  the  chief 
occupation  of  my  whole  life. 

Although  you  propose  to  celebrate  the  centennial  anniversary 
of  the  "framing  and  promulgation  of  the  Constitution  of  the 
United  States,"  I  presume  you  will  not  omit  the  celebration  of  its 
amendments,  especially  those  which  followed  immediately  after  the 
adoption  of  the  Constitution  by  the  requisite  number  of  States. 
The  first  ten  amendments  should  be  regarded  as  incorporated  into 
and  engrafted  upon  the  text  of  the  original  Constitution  by  the 
generation  which  established  it,  in  order  to  prevent  misconstrue- 


AnA  SELECTIONS  FROM  THE 

4°4 

tion  and  abuse  of  its  powers,  by  adding  further  declaratory  and 
restrictive  clauses,  thus  extending  the  ground  of  public  confidence 
in  the  proposed  government  and  insuring  the  beneficent  ends  of 
its  institution.  These  were  expressly  declared  to  be  the  purposes 
of  the  amendments  by  the  Congress  which  assembled  in  New 
York  on  the  4th  of  March,  1789,  and  which  prepared  and  sub- 
mitted them  for  ratification  by  the  State  legislatures.  It  is  there- 
fore a  most  interesting  and  important  study  to  note  wherein  these 
ten  amendments  supplemented  the  Constitution,  why  they  were 
deemed  necessary,  and  how  they  have  furnished  guides  to  the 
sound  interpretation  and  successful  administration  of  the  Federal 
powers.  It  would  require  volumes  to  explain  these  declaratory 
and  restrictive  clauses  in  all  their  details ;  and  I  do  not  propose 
in  this  letter  to  write  a  Constitutional  treatise,  but  I  shall  select 
from  the  topics  included  in  these  amendments  two  of  them,  which, 
as  it  seems  to  me,  demand  at  the  present  day  special  attention. 
One  of  these  relates  to  religious  liberty ;  the  other  concerns  the 
State  sovereignties  and  their  preservation.  For  what  reason  did 
the  people  of  the  United  States  demand  the  incorporation  into  the 
Constitution  of  the  following  clause  in  the  first  amendment? 

"  Congress  shall  make  no  law  respecting  an  establishment  of 
religion,  or  abridging  the  free  exercise  thereof." 

When  the  Constitution  was  first  promulgated,  in  1787,  it  was 
everywhere  seen  that  it  proposed  to  create  a  government  of  enu- 
merated powers,  but  that  each  of  these  powers  would  be  in  itself 
complete ;  and  it  was  further  seen  that  the  whole  mass  of  these 
powers  would  constitute  a  government  of  great  strength. 

Although  the  original  Constitution  embraced  some  clauses 
which  would  control  the  exercise  of  its  granted  powers  in  many 
important  respects,  it  contained  no  expressed  security  of  religious 
liberty.  This  was  regarded  as  a  serious  defect.  It  was  believed 
that  religious  liberty — "the  right  to  the  free  exercise  of  religion" — 
was  too  important  to  be  left  thus  unguarded  in  the  creation  of 


CORRESPONDENCE   OF  THE   COMMISSION.  405 

such  a  government  as  that  which  the  Constitution  was  to  estab- 
lish. It  was  believed,  too,  that  it  should  be  made  entirely  imprac- 
ticable for  Congress  to  establish  any  religion  by  law,  or  to  make  a 
national  religion,  or  to  favor  any  system  of  religion.  We  may 
suppose  at  the  present  day  that  there  was  no  great  danger  of  this 
kind  to  be  obviated  ;  but  the  people  of  that  day  did  not  think  so. 
They  chose  to  make  a  restriction  that  would  operate  through  all 
time  ;  and  the  history  of  the  proceedings  which  led  to  this  restric- 
tion is  of  the  utmost  consequence. 

The  three  States  which  gave  the  greatest  emphasis  to  the 
demand  for  an  amendment  on  the  subject  of  religion  were  New 
Hampshire,  Virginia,  and  North  Carolina.  New  Hampshire  ex- 
pressed it  as  follows : 

"The  Congress  shall  make  no  laws  touching  religion,  or  to  in- 
fringe the  rights  of  conscience." 

Virginia  and  North  Carolina  employed  a  greater  amplitude  of 
expression.  Both  of  them  said,  in  the  same  words, — 

"That  religion,  or  the  duty  which  we  owe  to  our  Creator,  and 
the  manner  of  discharging  it,  can  be  directed  only  by  reason  and 
conscience,  not  by  force  or  violence ;  and  therefore  all  men  have 
an  equal  natural  and  inalienable  right  to  the  free  exercise  of  re- 
ligion according  to  the  dictates  of  conscience,  and  that  no  par- 
ticular religious  sect  or  society  ought  to  be  favored  or  established 
in  preference  to  others." 

I  suppose  it  will  be  conceded  by  all  students  of  our  constitu- 
tional history  that  the  political  doctrine  and  philosophy  of  religious 
freedom  owes  more  to  Mr.  Jefferson  than  to  any  other  man  in  our 
history.  I  believe  that  he  drafted,  or,  at  least,  influenced,  the 
paper  in  which  Virginia  and  North  Carolina  expressed  their  idea 
of  true  religious  liberty.  We  know  that  he  was  the  author  of  the 
bill  which  established  religious  liberty  in  Virginia ;  and  in  his  auto- 
biography he  has  said  that  in  it  he  "meant  to  comprehend  within 
the  mantle  of  its  protection  the  Jew,  the  Gentile,  and  Christian, 


SELECTIONS  FROM  THE 

and  the  Mohammedan,  the  Hindoo,  and  infidel  of  every  descrip- 
tion." Madison  and  Patrick  Henry,  when,  in  the  Virginia  Assembly, 
in  1 776,  they  framed  the  Virginia  Bill  of  Rights,  made  the  broad 
scope  of  religious  freedom  perfectly  clear;  and  when  the  First 
Amendment  of  the  Federal  Constitution  was  under  consideration 
in  Congress,  in  1 789,  the  debate  in  the  House  of  Representatives 
shows  with  great  distinctness  what  was  meant  by  "the  free  exer- 
cise of  religion."  In  our  constitutional  sense  it  does  not  compre- 
hend solely  all  modes  of  public  worship.  It  comprehends  the  right 
of  holding  and  avowing  religious  beliefs,  whatever  they  may  be ; 
and  the  only  possible  limitation  of  this  right  is  that  it  shall  not  be 
made  a  shield  for  individual  conduct  that  the  legislative  power  sees 
fit  to  prohibit  as  injurious  to  the  welfare  of  society.  How  the  re- 
striction against  the  establishment  of  any  national  religion,  and  the 
perfect  religious  liberty  which  the  First  Amendment  guarantees  to 
every  man  against  the  Federal  powers  of  legislation,  have  oper- 
ated to  the  advantage  of  religion  and  morality,  have  excluded  the 
rivalry  and  hostility  of  churches  and  sects  from  the  field  of  political 
action  and  controversy,  and  saved*  the  voluntary  system  in  the 
support  of  the  institutions  of  religion,  I  need  not  point  out.  This 
salutary  restriction,  imposed  nearly  a  century  ago  upon  the  legis- 
lative authority  of  the  Federal  government,  is  as  important  to-day 
as  it  was  when  it  was  created ;  for  the  more  numerous  and  the 
more  powerful  any  church  or  any  body  of  religionists  becomes,  the 
more  necessary  is  it  for  the  people  to  see  that  it  can  under  no 
circumstances  short  of  revolution  attain  to  any  preference  in  the 
action  of  government. 

The  other  topic  on  which  I  proposed  to  touch  in  this  letter  is 
that  suggested  by  the  Ninth  and  Tenth  Amendments.  This  topic 
has  lost  nothing  of  its  importance  by  the  lapse  of  time ;  on  the 
contrary,  it  is  of  great  practical  consequence  now,  and  we  cannot 
foresee  the  time  when  it  will  not  continue  to  be.  We  have  gone 
through  a  civil  war,  in  which  the  principal  controversy  that  had  to 


CORRESPONDENCE  OF  THE   COMMISSION.  407 

be  submitted  to  the  arbitrament  of  arms  was  the  relations  between 
the  State  sovereignties  and  the  sovereignty  that  is  constituted  by 
the  Federal  Constitution.  But  the  result  of  that  contest  has  not 
displaced  or  in  any  way  lessened  the  importance,  authority,  and 
binding  force  of  the  Ninth  and  Tenth  Amendments. 

ARTICLE  IX. 

"The  enumeration  in  the  Constitution,  of  certain  rights,  shall 
not  be  construed  to  deny  or  disparage  others  retained  by  the 
people. 

ARTICLE  X. 

"  The  powers  not  delegated  to  the  United  States  by  the  Con- 
stitution, nor  prohibited  by  it  to  the  States,  are  reserved  to  the 
States  respectively,  or  to  the  people." 

Doubtless  it  might  have  been  said  in  1789  that,  inasmuch  as 
the  Constitution  granted  to  the  proposed  government  only  certain 
enumerated  powers  of  a  special  character,  all  those  powers  of 
government  which  it  had  not  delegated  to  the  United  States,  nor 
forbidden  the  States  to  exercise,  were  to  be  presumed  to  be  re- 
tained by  the  States  or  by  the  people.  But  the  people  of  the 
several  States  did  not  choose  to  trust  this  matter  to  implication. 
They  preferred  to  declare  their  will  expressly  and  positively,  so  as 
to  leave  no  possible  doubt  of  the  mode  in  which  the  Constitution 
was  to  be  operated  and  interpreted.  The  fact  that  the  Federal 
government  put  down  by  its  military  power  the  assertion  of  a 
State  right  of  secession  from  the  Union  has  in  no  way  and  in  no 
degree  changed  the  normal  relation  of  the  State  sovereignties  to 
the  Federal  government.  Nothing  could  have  done  this  but  a 
revolution  that  would  have  swept  the  Ninth  and  Tenth  Amend- 
ments out  of  the  national  charter.  If  the  Federal  government 
prosecuted  the  war  under  the  authority  of  the  Constitution  with 
any  decent  purpose  to  preserve  it,  that  government  could  not 
institute  or  conduct  a  revolution  that  would  change  the  essential 


g  SELECTIONS  FROM  THE 

character  of  the  system.  It  did  not  intend  to  do  so.  To  have 
done  so  would  have  been  to  commit  a  treason  as  palpable  as  that 
which  the  government  undertook  to  prevent.  The  period  of  "  re- 
construction" which  followed  the  war  was  one  in  which  it  appeared 
for  a  time  to  be  doubtful  what  would  become  of  the  State  sover- 
eignties ;  but  all  reasonable  men,  after  much  tribulation,  began  to 
see  that  the  alternatives  were  to  suppress  them  entirely  or  to 
recognize  them  as  still  subsisting.  Happily,  the  latter  became  the 
predominant  feeling  and  conviction.  So  much  of  diminution  of 
the  State  sovereignties  as  was  sustained  by  the  adoption  of  the 
Xlllth,  XlVth,  and  XVth  Amendments  left  those  sovereignties  in 
all  other  respects  just  as  they  were  before  the  war.  It  was  by 
reason  of  the  recognition  of  this  necessity  that  we  came  out  of 
the  turmoil  of  that  period  with  the  Constitution  preserved,  so  that 
it  could  with  truth  continue  to  be  said  that  "  liberty  and  union"  are 
"one  and  inseparable." 

And  now  let  any  one  estimate,  if  he  can,  with  what  probability 
we  should  have  expanded  into  the  greatest  nation  that  we  are, 
should  have  experienced  the  happiness  and  obtained  the  develop- 
ment and  enjoyed  the  renown  which  our  first  century  under  the 
Constitution  has  witnessed,  if  all  the  elements  of  political  power 
had  been  fused  into  one  mass  in  the  hands  of  a  central  govern- 
ment and  the  States  had  not  guarded  their  respective  sovereignties 
as  they  did.  It  is  to  this  mixed  system  of  Federal  and  State 
powers,  each  acting  in  its  appropriate  sphere,  going  hand  in  hand 
across  this  continent  and  carrying  our  civilization  from  ocean  to 
ocean,  that  we  owe  our  national  greatness.  It  should  be  our 
utmost  care  at  all  times  to  draw  accurately  and  carefully  the  line 
that  separates  the  Federal  and  the  State  powers ;  and  the  success 
with  which  this  is  done  will  in  any  age  of  our  national  existence 
mark  the  intellectual  and  moral  ability  of  that  age  to  appreciate 
and  preserve  the  system  that  it  has  inherited. 

I  trust  that  from  all  quarters  of  the  Union  there  will  come  to 


CORRESPONDENCE  OF  THE  COMMISSION.  409 

this  celebration  an  ample  representation  of  the  now  united  Ameri- 
can people ;  that  men  of  the  South  will  join  with  men  of  the 
North  in  honoring  the  framers  of  that  government  which,  in  the 
true  spirit  of  its  administration,  knows  no  North,  no  South,  no 
East,  and  no  West,  and  by  its  appropriate  and  beneficent  functions 
makes  for  us  one  country  and  one  destiny. 

Thanking  the  committee  for  the  honor  of  the  invitation  to  be 
present  at  the  coming  anniversary,  and  again  regretting  my  ina- 
bility to  attend, 

I  am,  very  respectfully, 

Their  obedient  servant, 

GEO.  TICKNOR  CURTIS. 

HAMBURG,  GERMANY,  September  2,  1887. 
HONS.  JOHN  A.  KASSON,  AMOS  R.  LITTLE,  HAMPTON  L.  CARSON  : 

GENTLEMEN, — It  is  with  sincere  regret  that  I  find  myself 
unable  to  accept  your  invitation  to  be  present  at  the  celebration 
of  the  centennial  anniversary  of  the  promulgation  of  the  Consitu- 
tion  of  the  United  States,  September  17,  1787. 

Next  to  the  Declaration  of  Independence  the  ordaining  of  the 
Constitution  is  the  great  event  to  be  celebrated  for  all  time  by  the 
American  people.  As  years  roll  by  and  the  nation  grows  in 
numbers,  in  power,  in  prestige,  our  admiration  and  appreciation 
of  the  men  who  framed  our  organic  law  are  steadily  strengthened. 
It  was  assuredly  a  work  of  genius  to  construct  for  thirteen  feeble 
States,  with  an  aggregate  of  three  and  a  half  millions  of  people, 
a  Constitution  which  one  hundred  years  later  is  found  perfectly 
adapted  to  the  needs  and  wishes  of  a  powerful  nation,  expanded 
fourfold  in  its  territorial  area,  with  thirty-eight  States  and  more 
than  sixty  millions  of  people. 

Perhaps  in  no  country,  and  at  no  period  of  the  world's  history, 
has  the  conception  of  free  government,  firmly  secured  by  the 
checks  and  balances  of  a  permanent  and  conservative  Constitu- 

VOL.  i.— 53 


0  SELECTIONS  FROM  THE 

tion,  been  more  profoundly  studied  and  comprehended  than  by 
our  forefathers.  They  effectually  organized  a  revolution  against 
the  foolish  tyranny  of  an  English  king  and  against  the  arrogant 
wrong  of  an  English  Parliament.  After  victory  in  the  field  they 
completed  their  work  by  laying  broad  and  deep  the  foundations  of 
a  popular  government, — in  which  the  people  are  rulers  and  the 
officials  are  servants. 

The  extraordinary  proportion  of  men  who  in  that  patriotic 
generation  were  fitted  by  long  study  and  training  for  the  highest 
duties  of  statesmanship  is  shown  by  the  fact  that  of  the  fifty-five 
(55)  members  of  the  Congress  of  1776  who  signed  the  Declara- 
tion of  Independence  only  six  (6)  were  included  in  the  thirty-nine 
(39)  members  of  the  Convention  of  1787  who  signed  the  Con- 
stitution. 

The  reverence  and  affection  which  we  feel  towards  those  great 
men  will  be  best  shown  by  cherishing  their  work,  and  assuring  to 
our  descendants  as  many  and  as  grateful  reasons  for  a  national 
celebration  of  the  establishment  of  the  Constitution  as  those 
which  influence  us  to-day. 

With  great  respect, 

Faithfully  yours, 

JAMES  G.  ELAINE. 

ONE  ASH,  ROCHDALE,  September  9,  1887. 

DEAR  SIR, — I  am  much  indebted  to  you  and  to  your  colleagues 
for  the  invitation  with  which  you  have  favored  me  to  be  present  at 
the  first  centennial  anniversary  of  the  framing  of  the  Constitution 
of  the  United  States,  to  be  celebrated  during  the  present  month  in 
the  city  of  Philadelphia. 

It  is  not  a  pleasant  thing  to  have  to  decline  such  an  invitation, 
and  yet  I  must  ask  you  to  excuse  me  if  I  am  unable  to  accept  it. 
I  do  not  look  upon  two  voyages  with  pleasure,  and  I  have  always 
been  disposed  to  avoid  great  assemblies  and  great  ceremonies. 


CORRESPONDENCE  OF  THE  COMMISSION.  ^ll 

I  need  not  say  how  much  sympathy  I  feel  with  the  gathering  to 
which  you  are  looking  forward  with  so  great  interest.  All  the 
civilized  world,  or  all  who  love  freedom  in  it,  must  regard  the  event 
which  you  are  about  to  commemorate  as  one  of  the  most  important 
in  the  annals  of  men. 

* 

In  the  great  struggle  of  twenty-five  years  ago  the  strength  of 
your  country  was  shown  and  its  unity  was  secured.  My  voice  was 
raised  at  that  time  in  favor  of  that  unity,  which  I  hope  may  never 
again  be  endangered  or  impaired.  And  now  I  would  look  forward 
with  hope  and  faith. 

As  you  advance  in  the  second  century  of  your  national  life, 
may  we  not  ask  that  your  country  and  mine  may  march  in  line  in 
the  direction  of  freedom  and  the  policy  which  the  moral  law  will 
sustain  ? 

May  we  not  comfort  ourselves  with  the  belief  that  your  country, 
under  a  succession  of  noble  Presidents,  with  their  ministers  and 
your  Congress,  and  my  country,  under  a  succession  of  patriot  sov- 
ereigns, with  their  ministers  and  Parliaments,  may  assist  and  guide 
the  growing  millions  for  whom  they  act  to  nobler  ends  than  have 
hitherto  been  reached  ? 

May  we  not  ask  that  our  two  nations  may  be  one  people,  and 
that  in  years  to  come,  and  years  not  very  remote,  the  millions  with 
you  and  the  millions  with  us,  which,  growing  in  numbers  and  in 
strength,  may  grow  in  wisdom,  and  may  enter  more  fully  into  the 
enjoyment  of  the  boundless  blessings  which  are  offered  to  the 
nations,  in  and  by  the  perfect  freedom  of  human  industry,  and  in 
the  establishment  of  a  perpetual  peace  ? 

I  am  grateful  to  you,  and  to  those  associated  with  you,  for  your 
most  kind  invitation,  and  subscribe  myself,  with  every  sentiment 
of  respect, 

Yours  very  sincerely, 

To  JOHN  A.  KASSON,  Esq.,  JOHN  BRIGHT. 

Philadelphia,  U.  S.  America. 


SELECTIONS  FROM  THE 
412 

BANGOR,  ME.,  August  22,  1887. 

DEAR  SIR, — I  was  in  due  receipt  of  your  invitation  to  attend 
the  "ceremonies  in  commemoration  of  the  promulgation  of  the 
Constitution  of  the  United  States,"  to  be  held  at  Philadelphia  the 
1 5th,  1 6th,  and  i;th  of  September,  1887,  and  I  am  also  in  receipt 
of  your  renewed  invitation  of  the  i6th  inst. 

I  delayed  a  reply  to  your  invitation,  as  I  was  unable  to  inform 
you  whether  it  would  be  possible  for  me  to  be  present  at  said 
ceremonies  or  not.  Nor  am  I  now  able  to  determine.  I  will 
attend,  if  I  possibly  can,  but  owing  to  certain  conditions  of  my 
affairs,  I  cannot  determine  until  about  the  loth  of  September.  I 
will  then  know  what  I  will  be  able  to  do,  and  will  advise  you. 

Very  truly  yours, 

HANNIBAL   HAMLIN. 
To  HAMPTON  L.  CARSON, 

Secretary  Constitutional  Centennial  Commission, 
Philadelphia,  Pa. 

BANGOR,  September  3,  1887. 

MY  DEAR  MR.  KASSON, — I  was  in  due  receipt  of  your  favor 
of  the  24th  ult.,  and  I  am  now  able  to  advise  you  that  I  will  be 
present  at  the  ceremonies  in  commemoration  of  the  promulgation 
of  the  Constitution  of  the  United  States  in  Philadelphia,  the  15th, 
i6th,  and  I7th  inst.  Expect  to  reach  Philadelphia  on  the  I4th. 

Yours  truly, 

HANNIBAL   HAMLIN. 
To  Hon.  JOHN  A.  KASSON, 

President,  etc.,  etc., 

Philadelphia,  Pa. 

NEW  DEREEN,  NEW  RICHMOND,  P.  Q.,  August  8,  1887. 
SIR, — I  have  the  honor,  by  direction  of  his  Excellency  the 
Governor-General,  to  acknowledge,  with  his  best  thanks,  the 
receipt  of  the  kind  invitation  which  you  have  sent  to  Lady  Lans- 
downe  and  himself,  on  behalf  of  the  Constitutional  Centennial 
Commission. 


CORRESPONDENCE   OF  THE   COMMISSION.  413 

It  would  have  given  his  Excellency  the  greatest  pleasure  to  be 
present  at  the  commemoration  of  the  promulgation  of  the  Consti- 
tution of  the  United  States  in  1787,  which  is  to  be  held  in  Phila- 
delphia in  September  next,  and  Lord  Lansdowne  desires  me  to 
add  that  he  fully  apprehends  the  courteous  intentions  of  the  com. 
missioners.  He  regrets,  however,  that  his  engagements  in  Canada 
during  the  month  of  September  must  prevent  Lady  Lansdowne 
and  himself  from  being  present  on  this  interesting  occasion. 
I  have  the  honor  to  be,  sir, 

Your  most  obedient  Servant, 

HENRY   STREATFIELD, 
Captain,  Governor-General's  Secretary. 
To  H.  L.  CARSON,  Esq., 

907  Walnut  Street,  Philadelphia. 

NEW  YORK,  ARMY  BUILDING,  July  31,  1887. 
HAMPTON  L.  CARSON, 

Secretary  of  Constitutional  Centennial  Commission. 

Philadelphia,  Pa. : 

DEAR  SIR, — I  have  the  honor  to  acknowledge  the  receipt  of 
the  kind  invitation  of  the  above  Commission,  extended  to  myself 
and  Mrs.  Sherman,  to  be  present  on  the  occasion  of  the  cere- 
monies in  commemoration  of  the  promulgation  of  the  Constitu- 
tion of  the  United  States,  to  be  held  in  your  city  on  the  I5th,  i6th, 
and  1 7th  of  September,  1887. 

In  consequence  of  the  annual  meeting  of  the  Society  of  the 
Army  of  the  Tennessee,  to  be  held  at  Detroit  about  this  time,  to 
which  I  now  stand  committed,  I  regret  to  say  it  will  be  impossible 
to  be  present  on  this  most  auspicious  occasion. 

With  hearty  assurances  of  our  appreciation  of  the  compliment, 
I  am,  with  great  respect, 

Yours  very  truly, 

W.  T.  SHERMAN, 

General. 


SELECTIONS  FROM  THE 
414 

WASHINGTON,  September  5,  1887. 
HON.  J.  A.  KASSON,  Philadelphia: 

MY  DEAR  SIR, — Your  last  was  duly  received,  but  my  answer  has 
been  delayed,  in  the  hope  that  such  arrangements  might  be  made 
as  would  enable  me  to  accept  the  invitation  of  your  Commission, 
and  attend  the  centennial  at  least  one  day.  I  regret  to  say,  how- 
ever, that  it  now  seems  impossible  to  do  so,  and  as  the  time  is  so 
short,  I  fear  it  will  not  be  in  my  power  to  change  the  existing 
situation.  Under  the  circumstances,  the  only  safe  course  for  me 
to  take  is  to  decline,  which  I  do  with  sincere  regret,  as  the  visit 
would  certainly  be  a  most  agreeable  one  in  every  respect.  If  I 
were  actually  Speaker  of  the  H'ouse,  I  certainly  would  not  permit 
any  other  engagement  to  interfere  with  the  performance  of  such  a 
pleasant  duty,  but  my  presence  now  would  not  add  anything  to 
the  official  representation,  and  I  feel  that  it  can  be  dispensed  with 
without  affecting  the  character  of  the  proceedings. 

Yours  truly, 

J.  G.  CARLISLE. 

UPLANDS,  BROOKLINE,  MASS.,  August  27,  1887. 
HONS.  JOHN  A.  KASSON,  AMOS  R.  LITTLE,  HAMPTON  L.  CARSON  : 

GENTLEMEN, — I  am  highly  honored  in  being  included  among 
the  invited  guests  for  the  great  celebration  of  the  i  yth  of  Septem- 
ber, and  I  thank  you  sincerely  for  the  compliment.  No  more 
memorable  event  is  to  be  found  in  our  American  annals  than  that 
which  Philadelphia  was  privileged  to  witness  on  the  1 7th  of  Sep- 
tember a  hundred  years  ago.  The  promulgation  of  the  Constitu- 
tion by  Washington,  as  President  of  the  Convention  which  had 
framed  it,  with  the  signatures  of  Franklin  and  Madison  and 
Hamilton,  and  the  rest  of  the  thirty-eight  deputies  from  twelve 
States,  gave  assurance  that  not  independence  only,  but  union  and 
liberty,  were  to  be  secured  to  the  American  people. 

I  would  gladly  assist  in  the  celebration  of   this  great  anni- 


CORRESPONDENCE   OF  THE  COMMISSION.  415 

versary,  and  listen  to  the  oration  of  my  friend,  Mr.  Justice  Miller, 
but  I  am  compelled  to  deny  myself,  and  can  only  offer  you  my 
grateful  acknowledgments  and  sincere  regrets. 
Believe  me,  gentlemen,  with  great  respect, 

Your  obedient  fellow-citizen, 

ROBERT  C.  WINTHROP. 

DONEGAL  FARM,  LANCASTER  COUNTY,  PA., 

September  9,  1887. 
HAMPTON  L.  CARSON,  Esq., 

Secretary  Constitutional  Centennial  Commission: 
DEAR  SIR, — I  am  in  receipt  of  yours  of  the  8th  inst.,  and  also 
the  special  invitation  of  the  i6th  ult,  inviting  me  to  be  the  special 
guest  of  the  Commission  during  the  centennial  celebration.  My 
absence  has  prevented  an  earlier  response,  and  I  embrace  the  first 
opportunity  to  tender  my  acknowledgments  to  the  Commission, 
and  to  accept  with  pleasure  their  invitation  to  be  present  at  a 
celebration  which  recalls  all  that  is  great  and  glorious  in  the  his- 
tory of  our  country. 

I  expect  to  be  in  Philadelphia  on  the  morning  of  the  i5th,  and 
will  proceed  at  once  to  the  Girard  House. 

Very  truly  yours, 

SIMON   CAMERON. 

2  WALL  STREET,  NEW  YORK,  September  10,  1887. 

SIR, — Absence  from  the  city  has  belated  the  receipt  of  the 
invitation  with  which  you  honor  me,  to  witness  the  observance  of 
the  centennial  of  the  Constitution  of  the  United  States. 

It  would,  of  course,  be  a  privilege  to  be  present  at  an  occasion 
so  historic  and  interesting,  and  it  is  matter  of  regret  that  I  am 

not  free  to  go. 

Your  obedient  servant, 

ROSCOE  CONKLING. 
To  the  Honorable  JOHN  A.  KASSON. 


SELECTIONS  FROM  THE 

LEXINGTON,  VA.,  August  8,  1887. 
HON.  JOHN  A.  KASSON, 

President,  etc.  : 

SIR, — I  have  the  honor  to  acknowledge  the  receipt  of  your 
invitation  to  the  ceremonies  in  celebration  of  the  centennial  anni- 
versary of  the  closing  days  of  the  Federal  Convention  which  met 
in  Philadelphia  in  May,  1787,  and  proposed  the  Federal  Constitu- 
tion, which  it  adopted  on  the  I7th  of  September,  1787,  to  the 
States  for  their  several  assent  and  ratification. 

The  celebration  is  appropriate  to  the  great  event, — the  great- 
est in  constitutional  history, — and  in  the  effort  by  every  means  to 
conserve  the  principles  of  the  Constitution  proposed  and  adopted 
by  the  Convention  and  ratified  by  the  States,  and  to  perpetuate 
the  constitutional  union  thereby  established,  you  have  my  hearty 
sympathy. 

It  will  afford  me  great  pleasure  to  be  present  at  the  celebra- 
tion, and  I  accept  the  invitation  with  great  satisfaction. 
I  have  the  honor  to  be,  with  high  regard, 

Yours  truly, 

J.  R.  TUCKER. 

ST.  JOHN,  NEW  BRUNSWICK,  August  24,  1887. 

MY  DEAR  SIR, — Will  you  be  pleased  to  communicate  to  the 
Constitutional  Centennial  Commission  my  warmest  thanks  for  the 
honor  they  have  done  Lady  Ritchie  and  myself  in  inviting  us  to 
be  present  as  the  guests  of  the  Commission  at  the  ceremonies  in 
commemoration  of  the  promulgation  of  the  Constitution  of  the 
United  States,  in  1787,  to  be  held  at  Philadelphia,  on  the  I5th, 
i6th,  and  i7th  of  September  next. 

I  am  very  sorry  to  say  that  it  will  not  be  in  our  power  to 
avail  ourselves  of  the  kind  invitation,  judicial  duties,  most  unfor- 
tunately, requiring  my  presence  in  Ottawa  on  the  days  named. 

I  assure  you  that  both  Lady  Ritchie  and  I  regret  extremely 
being  compelled  to  forego  the  great  pleasure  it  would  have 


CORRESPONDENCE  OF  THE  COMMISSION. 

afforded  us  of  being  present  on  so  interesting  an  occasion,  and 
of  enjoying  the  hospitality  of  the  Commission. 

Your  letter  reached  Ottawa  while  I  was  absent  at  the  seaside, 
and  I  have  just  received  it  at  St.  John,  N.  B.,  to  which  place  it  has 
been  forwarded  to  me.  This  is  my  apology  for  the  apparent 
neglect  in  not  sooner  replying. 

I  remain,  my  dear  sir, 

Very  faithfully,  yours, 

JOHN   RITCHIE. 
To  Hon.  JOHN  A.  KASSON. 

EARNSCLIFFE,  OTTAWA,  August  8,  1887. 

Sir  John  Macdonald  greatly  regrets  that  his  official  engage- 
ments deprive  him  of  the  pleasure  of  accepting  the  kind  invita- 
tion of  the  Constitutional  Centennial  Commission  to  be  their 
guest  at  the  ceremonies  in  commemoration  of  the  promulgation 
of  the  Constitution  of  the  United  States  in  1787. 

DUBUQUE,  IOWA,  August  12,  1887. 

MY  DEAR  SIR, — Thanks  for  your  invitation  to  be  present  at  the 
centennial  of  the  Constitution.  I  regret  that  I  am  so  situated  that 
I  cannot  be  present  to  participate  in  the  commemoration  of  this 
great  event.  This  will  strengthen  our  appreciation  of  the  work 
achieved  by  the  men  of  one  hundred  years  ago,  in  establishing  a 
government  based  on  the  popular  will,  enduring  in  its  character 
and  nature,  and  at  the  same  time  conferring  the  greatest  blessings 
upon  those  whose  privilege  it  is  to  dwell  in  our  country. 

Sincerely  yours, 

W.  B.  ALLISON. 

BURLINGTON,  VT.,  September  5,  1887. 

MY  DEAR  SIR, — I  duly  received  your  card  of  invitation  to  at- 
tend the  celebration  of  the  centennial  anniversary  of  the  framing 
and  promulgation  of  the  Constitution  of  the  United  States  at 

VOL.  i. — 54 


4Ig  SELECTIONS  FROM  THE 

Philadelphia  on  the  15*  inst.  I  had  delayed  replying,  in  the  hope 
that  I  might  be  able  to  accept  the  invitation,  and  have  the  honor 
of  being  present  on  that  most  interesting  historic  occasion,  and 
unite  with  other  lovers  of  their  country  in  celebrating  this  great 
and  most  auspicious  event ;  but  I  find  it  quite  impossible  for  me  to 
do  so  in  view  of  pressing  professional  engagements,  in  respect  of 
which  it  would  be  unjust  to  neglect  the  interests  of  those  whose 
affairs  have  been  intrusted  to  my  charge.  I  wish  for  you  all  every 
felicity  that  can  belong  to  such  an  occasion,  and  I  unite  with  you 
all  in  hoping  that  many  more  centuries  will  be  witnesses  to  the 
preservation  of  the  principles  of  the  national  and  local  govern- 
ment embodied  in  that  sacred  instrument.  In  haste, 

Very  sincerely  yours, 

GEO.  F.  EDMUNDS. 
To  Hon.  JOHN  A.  KASSON, 

President,  etc., 
Care  of  HAMPTON  L.  CARSON,  Esq., 

907  Walnut  Street,  Philadelphia,  Pa. 

UTICA,  N.  Y.,  September  14,  1887. 
HON.  JOHN  A.  KASSON, 

President,  etc.  : 

MY  DEAR  SIR, — I  greatly  regret  that  I  am  unable  to  be  present 
at  Philadelphia  at  the  celebration  of  the  centennial  anniversary  of 
the  framing  and  promulgation  of  the  Constitution  of  the  United 
States.  I  have  delayed  answering  your  invitation,  in  hopes  that  I 
could  be  present,  but  I  now  find  that  other  engagements  will  pre- 
vent me  from  attending. 

I  rejoice  that  the  people  of  this  country  are  going  to  celebrate 
the  birth  of  a  Constitution  which  has  brought  so  many  blessings 
to  these  States.  Such  a  celebration  will  revive  glorious  Revolu- 
tionary memories,  and  will  aid  to  keep  alive  the  sentiments  of  re- 
spect and  veneration  with  which  we  should  regard  the  Constitution 
of  the  United  States.  To  that  great  instrument,  so  wisely  and 


CORRESPONDENCE  OF  THE   COMMISSION. 

wonderfully  drafted,  we  owe  much  of  our  prosperity  as  a  people, 
and  it  should  be  our  aim  to  perpetuate  it  unimpaired  to  our 
children. 

I  remain,  very  truly,  yours, 

FRANCIS  KERNAN. 

NEVIS,  IRVINGTON,  WESTCHESTER  Co.,  N.  Y., 

August  25,  1887. 
HON.  JOHN  A.  KASSON, 

President,  etc. 

SIR, — I  have  been  honored  by  an  invitation  to  attend  the  cen- 
tennial of  the  formation  of  the  Constitution,  on  the  i  7th  of  Sep- 
tember next. 

As  an  answer  was  requested,  I  wrote  at  once  to  the  secretary 
that  I  should  be  glad  to  attend  unless  prevented  by  gout  and  old 
age.  It  has  occurred  to  me  that  this  may  be  inconvenient  to  the 
Commission,  and  in  that  case  I  would  withdraw  my  qualified  accept- 
ance and  send  a  letter  of  regret. 

At  the  same  time,  for  many  reasons,  it  would  give  me  pleasure 
to  attend  a  celebration  at  which  it  is  almost  a  duty  for  me  to  be 
present. 

As  you  are  aware,  the  Convention,  on  September  17,  1787, 
treated  Mr.  Hamilton  as  assenting  to  and  adopting  the  Constitu- 
tion as  an  individual,  and  authorized  him  to  sign  the  instrument  as 
such,  with  the  addition  of  the  words  of  description,  "  from  New 
York."  They  evidently  wished  the  influence  of  his  name,  as  an 
ardent  and  prominent  unionist,  and  at  the  same  time  could  not  and 
would  not  recognize  the  State  of  New  York  after  its  secession  by 
a  majority  of  its  delegates  on  July  10,  1887. 

It  was  hoped  and  expected  that  this  act  might  operate  to  break 
up  the  Convention,  and  indeed  its  effect  is  shown  in  a  letter  of 
Washington  to  Hamilton,  temporarily  absent  in  New  York,  written 
in  great  despondency  on  that  loth  of  July,  in  which  he  says,  "I 
almost  despair  of  seeing  a  favorable  issue  to  the  proceedings  of 


SELECTIONS  FROM  THE 

the  Convention,  and  do  therefore  repent  having  any  agency  in  the 

business." 

In  the  concluding  paragraph  Washington  adds,  "  I  am  sorry 
you  went  away ;  I  wish  you  were  back,"  and  urges  Hamilton  not  to 
give  up  his  efforts  at  the  crisis,  "  equally  important  and  alarming." 
That  crisis  was  the  defection  of  New  York. 

Mr.  Hamilton  did  return,  as  he  intended  doing,  and  remained 
to  the  end,  speaking  and  acting  on  prominent  committees,  but 
without  a  vote  of  course. 

It  is  clear,  then,  from  the  record,  that  the  State  of  New  York, 
as  a  State,  had  nothing  to  do  with  the  formation  of  the  Consti- 
tution, and,  therefore,  for  the  State  to  take  part  in  the  centen- 
nial is  to  celebrate  an  event  in  which  she  not  only  had  no  share, 
but  did  her  best  to  defeat, — a  mortifying  position  for  a  great 
State. 

I  will  not  add  to  this  letter,  already  too  long,  by  doing  more 
than  referring  to  Mr.  Hamilton's  desperate  efforts  through  two  or 
three  years  to  defeat  Governor  Clinton's  determined  attempt,  with 
the  aid  of  his  official  position,  to  prevent,  in  the  words  of  the 
"Federalist,"  referring  to  Governor  Clinton,  "the  formation  of  a 
general  national  committee  in  every  possible  shape." 

As  it  happens  that  I  am  the  representative  of  General  Hamil- 
ton in  my  generation,  it  would  seem  my  duty,  as  above  referred 
to,  which  no  other  person  can  historically  perform,  to  represent 
the  prominent  part  assigned  to  him  as  an  individual  delegate 
in  the  Convention  in  assenting  to  and  adopting  the  great  organic 
law. 

The  object  of  this  letter  is  to  assure  you,  as  president  of  the 
Commission,  that,  if  unable  to  attend  on  the  i;th  of  September 
next,  I  am  neither  indifferent  to  the  claims  upon  me  nor  insensible 
of  the  courtesy  of  the  Commission  in  extending  to  me  an  invita- 
tion to  be  present. 

Occupied  as  you  are,  I  neither  expect  and  indeed  can  hardly 


CORRESPONDENCE  OF  THE   COMMISSION.  421 

wish  an  answer  to  this  letter  which  I  shall  forward  to  you  to  the 
care  of  Mr.  Carson,  the  secretary. 

Very  respectfully, 

Your  obedient  servant, 

A.  HAMILTON. 

NEW  YORK,  August  25,  1887. 
HAMPTON  L.  CARSON, 

Secretary  of  Committee  on  Centennial  Celebration, 
907  Walnut  Street,  Philadelphia,  Pa. : 

DEAR  SIR,— Agreeably  with  the  request  contained  in  the  card 
of  invitation,  to  be  present  at  the  forthcoming  commemoration  of 
the  national  Constitution  at  Philadelphia  on  the  1 5th  of  Septem- 
ber, I  write  to  say  that  it  would  afford  me  great  pleasure  to  join 
the  assembled  company  in  the  ceremony ;  but  I  fear  that  an  accu- 
mulation of  pressing  duties  will  prevent. 

I  regret  this  unavoidable  absence  all  the  more,  because  I  recog- 
nize, of  late,  in  the  extraordinary  mental  and  material  pursuits  a 
disposition  among  many  of  my  compatriots,  whose  minds  have  not 
been  disciplined  by  either  thoughtful  habit,  historical  research, 
observation  of  other  countries,  or  by  long  experience  in  com- 
mercial or  handicraft  affairs,  to  overlook  the  blessings  of  the  fun- 
damental ordinance  under  which  we  have,  as  a  people,  prospered. 
It  will  be  a  real  service  to  the  country  at  this  time  to  remind  all 
classes,  and  more  especially  that  class  which  seeks  to  mould  public 
opinion,  and  to  crystallize  it  into  statutory  enactments,  that  we  are 
living  under  a  written  charter,  so  flexible  as  to  be  changeable,  after 
due  deliberation  and  formality,  but  yet  so  stable  as  not  to  be  over- 
turned by  every  gust  of  ignorant  clamor  or  vagary  of  the  pro- 
fessional agitator.  It  is  to-day  a  pertinent  query  whether  the 
solemn  provisions  of  the  Constitution  of  1787  are  more  operative 
on  the  younger  minds  than  the  prejudices  of  an  unscrupulous  editor 
or  the  demagoguery  of  the  average  seeker  after  public  office  ? 

The  love  of  approbation — that  most  powerful  and  persistent 


SELECTIONS  FROM  THE 
422 

of  human  passions— is,  by  our  great  freedom  of  political  thought, 
speech,  and  action,  liable  to  become  the  dominating  passion, 
greatly  to  the  detriment  of  individual  character  and  the  worth  of 
personal  conviction.  This  extreme  will  no  doubt  bring  its  own 
cure ;  and  among  the  agencies  for  its  rectification,  as  of  all  other 
abnormities,  is  the  cultivation  of  a  scrupulous  regard  for  the  in- 
strument which  underlies  our  social  and  political  fabric.  We  stand 
in  need  of  its  steadying  and  moderating  influence,  yielding  to  every 
substantial  progressive  reform,  and  at  the  same  time  rigid  enough 
to  withstand  the  craze  of  the  hour. 

The  agreeable  and  transcendent  privilege  of  emphasizing  the 
blessings  of  our  form  of  government  has,  I  perceive,  fallen  into 
able  hands,  and  I  shall  watch  with  interest  the  proceedings  of 
your  meeting. 

Yours,  very  respectfully, 

C.  P.  HUNTINGTON. 

EQUITABLE  BUILDING,  120  BROADWAY, 

NEW  YORK  CITY,  August  19,  1887. 
HAMPTON  L.  CARSON,  ESQ., 

Secretary  of  Constitutional  Centennial  Commission, 
Philadelphia,  Pa.: 

DEAR  SIR, — I  am  in  receipt  of  your  polite  invitation  to  attend 
the  centennial  anniversary  of  the  framing  and  promulgation  of  the 
Constitution  of  the  United  States  at  Philadelphia  on  the  i5th, 
1 6th,  and  i;th  days  of  September,  1887.  I  very  much  regret  that 
engagements  requiring  my  presence  elsewhere  on  those  days  will 
prevent  my  having  the  pleasure  of  taking  part  in  these  interesting 
and  patriotic  ceremonies. 

Now  that  the  abolition  of  slavery — acquiesced  in  not  grudg- 
ingly, but  heartily,  by  the  South — has  removed  all  existing  cause 
of  dissension,  it  seems  an  appropriate  occasion  to  celebrate  the 
anniversary  of  the  framing  of  our  Constitution,  strict  obedience  to 
which  will  remove  the  greatest  difficulty  to  which  our  country  is 


CORRESPONDENCE  OF  THE   COMMISSION.  423 

now  exposed,  namely,  the  tendency  to  centralization,  increased  by 
the  exercise  of  war  powers  which  the  rebellion  rendered  neces- 
sary, but  which  seem  much  more  difficult  to  disuse  in  peace  than 
to  adopt  in  war. 

Very  respectfully  and  gratefully  yours, 

GEO.  HOADLY. 

TREASURY  DEPARTMENT, 
OFFICE  OF  COMPTROLLER  OF  THE  CURRENCY, 

WASHINGTON,  D.  C.,  August  n,  1887. 
MESSRS.  JOHN  A.  KASSON,  President ;  AMOS  R.  LITTLE,  Chairman  Executive 

Committee ;  and  HAMPTON  L.  CARSON,  Secretary  Constitutional  Centennial 

Commission,  Philadelphia,  Pa. : 

GENTLEMEN, — I  have  had  the  honor  to  receive  from  you,  in 
behalf  of  the  Constitutional  Centennial  Commission,  an  invitation 
to  attend  the  celebration  in  Philadelphia  of  the  hundredth  anniver- 
sary of  the  framing  and  promulgation  of  the  Constitution  of  the 
United  States. 

The  authors  of  the  Constitution  deserve  the  grateful  remem- 
brance of  all  mankind,  because  they  first  realized  that  the  supreme 
sovereignty  of  the  people  could  be  permanently  established  only 
by  providing  for  the  constitutional  exercise  of  its  prerogatives 
through  two  channels,  the  Federal  authority  and  the  authority  of 
the  separate  States. 

It  is  thus  that  personal  liberty,  local  self-government,  and 
national  unity  have  found  room  to  grow  side  by  side,  so  that  their 
blended  blessings  now  daily  descend  upon  our  sixty  millions  of 
people. 

The  deeper  meanings  of  the  Constitution  could  be  wrought 
into  practical  rules  of  government  only  by  time,  discussion,  and, 
unhappily,  even  by  conflict;  but  all  seriously  disputed  questions 
are  now  at  rest,  and  the  universally  accepted  interpretation  of 
this  sacred  instrument  is  held  by  the  people  under  seal  of  the  best 
blood  of  the  land. 


SELECTIONS  FROM  THE 
424 

There  will  come  a  time  in  the  future  of  our  country  when  the 
generation  that  battled  in  order  that  the  Constitution  might  be 
perfected  will  be  held  next  in  honor  to  the  generation  by  which  it 
was  framed  and  promulgated  ;  for  in  a  few  years  every  American 
pulse  that  is  quickened  by  patriotic  emotion  will  throb  with  the 
mingled  blood  of  ancestors  who  on  opposite  sides  gained  equal 
renown  and  whose  memories  are  held  in  equal  esteem. 

I  regret  that  it  will  be  impossible  for  me  to  be  present,  but  I 
beg  that  you  will  receive  my  cordial  wishes  for  the  success  of 
the  celebration. 

Your  obedient  servant, 

W.  L.  TRENHOLM. 


August  1 8,   1887. 
THE  CONSTITUTIONAL  CENTENNIAL  COMMISSION  : 

GENTLEMEN, — It  is  with  regret  that  I  am  constrained  to  decline 
your  polite  invitation  to  attend  the  celebration  to  be  held  at  Phila- 
delphia in  September ;  but  I  beg  you  to  believe  that  I  am  very 
sincerely  sensible  of  the  honor  conferred  by  your  summons,  and 
heartily  desirous  of  seeing  a  grand  demonstration  in  honor  of 
such  a  cardinal  event. 

I  am,  with  great  respect, 

Your  obedient  servant, 

J.  Q.  ADAMS. 


BEAVER  C.  H.,  August  10,  1887. 

GENTLEMEN, — I  take  pleasure  in  acknowledging  and  accepting 
your  kind  invitation,  on  behalf  of  your  constituents,  to  the  centen- 
nial anniversary  of  the  framing  and  promulgation  of  the  Constitu- 
tion of  the  United  States. 

No  great  event  of  a  nation  deserves  remembrance  more  than 
this  plan  of  government,  which  ever  develops  and  yet  governs 


CORRESPONDENCE  OF  THE   COMMISSION.  425 

wisely  a  people  of  widening  millions,  over  a  continent  increasing 
in  marvellous  production  and  power. 

Thanking  you  for  the  honor, 

I  am  truly  yours,  etc., 

DANIEL  AGNEW. 

To  JOHN  A.  KASSON,  President ;  AMOS  R.  LITTLE,  Chairman,  etc.;  HAMP- 
TON L.  CARSON,  Secretary. 

PABLO  BEACH,  FLORIDA,  August  17,  1887. 

DEAR  SIR, — The  invitation  to  be  present  at  the  celebration  of 
the  centennial  anniversary  of  the  framing  and  promulgation  of 
the  Constitution  of  the  United  States  at  Philadelphia  has  been 
received. 

Recollecting  the  great  enjoyment  derived  from  my  attendance 
on  the  celebration  of  the  centennial  anniversary  of  the  Declara- 
tion of  American  Independence  in  your  city  in  1876,  I  feel  a 
strong  desire  to  accept  your  very  kind  invitation.  The  fact  that  I 
have  lately  had  a  shock  of  paralysis,  and  had  a  surgical  operation 
performed  on  my  face,  which  still  requires  the  care  of  a  surgeon, 
admonish  me,  at  the  age  of  nearly  eighty-six  years,  to  take  care 
of  myself. 

Therefore,  while  I  am  in  full  sympathy  with  the  object  of  your 
coming  celebration,  yet,  for  the  reasons  given,  I  must  most  reluc- 
tantly and  very  respectfully,  with  thanks,  decline  the  invitation 
that  you  so  very  kindly  tendered  to  me. 

Very  truly  yours, 

F.  E.  SPINNER. 
To  HAMPTON  L.  CARSON,  Esq., 
Secretary,  etc., 

Philadelphia,  Pa. 

CRAWFORDSVILLE,  August  24,  1887. 

DEAR  SIR, — I  beg  to  acknowledge  receipt  of  the  invitation  to 
be  a  guest  of  the  Constitutional  Centennial  Commission.    Answer 
VOL.  i. — 55 


6  SELECTIONS  FROM  THE 

would  have  been  sooner  forwarded,  but  that  I  delayed,  thinking 
it  might  be  possible  to  accept,— something  I  very  much  desired  on 
account  of  my  high  appreciation  of  the  object  of  the  celebration. 
At  last,  however,  it  becomes  apparent  that  I  must  decline  the 
honor.  The  parties  to  whom  I  engaged  myself  for  the  period 
covered  by  your  programme  will  not  let  me  free.  I  can  only 
thank  the  committee  for  remembering  me  so  kindly,  and  wish  the 
projectors  of  the  movement  commensurate  success. 

Very  truly, 

LEW  WALLACE. 
To  Mr.  H.  L.  CARSON, 
Secretary. 

AMESBURY,  MASS.,  8  Mo.  23,  1887. 
HAMPTON  L.  CARSON,  ESQ., 

Secretary : 

DEAR  FRIEND, — I  regret  that  the  condition  of  my  health  makes 
it  impossible  for  me  to  be  present  at  the  centennial  celebration  of 
the  framing  of  the  Constitution  of  the  United  States.  Under 
other  circumstances  it  would  give  me  pleasure  to  be  with  you  on 
an  occasion  of  such  interest  to  an  American  citizen. 
I  am,  truly,  thy  friend, 

JOHN   G.    WHITTIER. 

MATUNUCK,  R.  I.,  September  13,  1887. 

DEAR  SIR, — I  regret  to  find,  at  the  last  moment,  that  I  must 
decline  the  courteous  invitation  of  your  committee,  and  lose  the 
pleasure  I  had  anticipated  in  attending  the  centennial  celebration. 

The  Constitution  has  served,  as  it  well  may,  for  a  central  study 
for  all  nations  which  have  tried  to  make  constitutions  for  a  hun- 
dred years.  With  one  great  exception,  which  resulted  in  its  great 
improvement,  it  has  kept  the  peace  between  what  were  thirteen 
States  and  are  now  three  times  that  number;  between  which  there 
seemed  to  be  a  thousand  rivalries  and  occasions  for  contest.  We 
have  been  the  one  successful  peace  society  in  history. 


CORRESPONDENCE  OF  THE   COMMISSION. 

Let  us  hope  that  such  success  may  call  nations  now  divided  to 
study  the  possibilities  of  union  for  the  purposes  which  all  mankind 
hold  in  common,  while  each  maintains  the  advantages  of  ruling 
itself  at  home.  Our  Constitution  may  thus  suggest  the  methods 
for  the  "  federation  of  the  world." 

I  have  the  honor  to  be,  dear  sir,  with  great  respect, 

Yours  truly, 

EDWARD   E.   HALE. 


VILLA  CRAWFORD,  SANT'  AGNELLO  DI  SORRENTO, 
August  27,  1887. 

THE  CONSTITUTIONAL  CENTENNIAL  COMMISSION, 

Philadelphia : 

GENTLEMEN, — I  greatly  regret  that,  owing  to  my  unavoidable 
absence  from  the  United  States,  I  am  unable  to  profit  by  your 
courteous  invitation,  for  which  I  beg  you  to  accept  my  most 
hearty  thanks. 

I  have  the  honor  to  be,  gentlemen, 

Your  obedient  servant, 

F.  MARION   CRAWFORD. 


August  12,  1887. 
THE  CONSTITUTIONAL  CENTENNIAL  COMMISSION  : 

GENTLEMEN, — Thanking  you  for  the  honor  of  your  invitation, 
I  am  obliged  reluctantly  to  say  that  it  will  be  impossible  for  me  to 
accept  it. 

May  the  success  attend  your  celebration  which  ought  to  attend 
it  in  a  nation  who  have  such  increasing  reason  to  rejoice  in  the 
event  you  celebrate. 

With  high  respect  and  esteem, 

I  am  yours  ever, 

H.  B.  STOWE. 


.2g  SELECTIONS  FROM  THE 

MANCHESTER,  MASS.,  August   12,  1887. 

MY  DEAR  SIR, — I  thank  your  committee  very  much  for  doing 
me  the  honor  of  bidding  me  to  the  anniversary  of  the  framing  of 
the  Constitution,  and  am  truly  sorry  that  circumstances  will  pre- 
vent my  attendance.  The  occasion  will  be  a  most  important,  in- 
teresting, and  brilliant  one.  A  great  many  distinguished  people 
will  be  present,  and  the  sentiment  of  national  dignity  will  be  in- 
creased. The  meaning  of  such  an  event  cannot  be  mistaken. 

Cordially  yours, 

O.  B.  FROTHINGHAM. 

KEEP  ROCK,  NEW  CASTLE,  N.  H.,  August  18,  1887. 

HAMPTON  L.  CARSON,  ESQ., 

Secretary  Constitutional  Centennial  Commission : 

DEAR  SIR, — I  have  the  honor  to  acknowledge  your  very  kind 
invitation,  extended  in  behalf  of  your  Commission,  that  I  should  be 
one  of  your  special  guests  on  the  i5th—  iyth  proximo.  And  I 
must  apologize  for  not  replying  to  your  special  card,  having  sup- 
posed that  my  enforced  declination  of  the  honor  of  acting  as  your 
poet  had  covered  the  other  invitation. 

It  would  give  me  real  pleasure  to  avail  myself  of  your  official 
invitation.  But,  unluckily,  I  am  here  for  health,  under  medical 
orders,  and  shall  not  be  able  to  curtail  my  vacation,  even  to  par- 
ticipate in  the  ceremonies  of  an  occasion  so  important  to  every 
citizen  of  the  United  States,  and  to  enjoy  the  hospitality  for  which 
Philadelphia  is  proverbial. 

Very  faithfully, 

EDMUND   C.  STEDMAN. 

WALNUT  STREET,  August  30,  1887. 
HAMPTON  L.  CARSON,  ESQ., 

Secretary,  etc. : 

DEAR  SIR, — It  will  give  me  great  pleasure  to  be  present  at  the 
centennial  celebration  of  the  framing  and  promulgation  of  the 


CORRESPONDENCE  OF  THE  COMMISSION.  429 

Constitution  of  the  United  States,  and  to  give  the  little  aid  in  my 
power  towards  what  we  may  now  regard  as  its  assured  and  bril- 
liant success. 

I  regret  that  it  was  not  possible  for  me  to  comply  with  the  in- 
vitation contained  in  Mr.  Kasson's  and  your  own  kind  letters,  to 
write  a  poem  for  the  occasion  ;  but  the  time  allotted  for  the  work 
was  too  brief  for  my  slow-paced  muse,  so  that,  much  against  my 
inclination,  I  was  obliged  to  decline  what  I  consider  to  be  a  great 
honor. 

With  my  best  wishes,  I  am, 

Sincerely,  yours, 

GEORGE  H.  BOKER. 


NASHVILLE,  TENN.,  August  20,   1887. 

THE  CONSTITUTIONAL  CENTENNIAL  COMMISSION,  to  celebrate  the  Centennial 
Anniversary  at  Philadelphia,  on  the  I5th,  i6th,  and  I7th  of  September, 
MR.  JOHN  A.  KASSON,  President,  AND  OTHERS. 
DEAR  SIRS, — I  acknowledge  with  pleasure  your  invitation,  in 
behalf  of  the  Centennial  Commission,  to  attend  the  anniversary  in 
Philadelphia. 

Be  assured,  gentlemen,  that  I  appreciate  the  compliment,  and 
regret  that  feeble  health  at  my  advanced  age  (eighty-four)  will 
prevent  my  presence  on  that  interesting  occasion. 
With  sentiments  of  much  consideration, 

I  am,  most  respectfully, 

MRS.  JAMES  K.  POLK, 
"  Polk  Place." 


ELBERON,  N.  J.,  August  9,  1887. 
JOHN  A.  KASSON,  AMOS  R.  LITTLE,  HAMPTON  L.  CARSON: 

GENTLEMEN,— Mrs.  U.  S.  Grant,  my  mother,  regrets  that  she 
will  not  be  able  to  attend  the  celebration  of  the  centennial  anni- 


SELECTIONS  FROM  THE 

43° 

versary  of  the  framing  and  promulgation  of  the  Constitution  of 

the  United  States  on  the  isth,  i6th,  and  i;th  of  September. 

My  wife  and  I  accept  your  kind  invitation,  and  will  be  present 
in  Philadelphia  at  that  time. 

I  am,  gentlemen, 

Very  truly  yours, 

F.  D.  GRANT. 

MENTOR,  OHIO,  August  19,  1887. 

Mrs.  Garfield  regrets  that  she  cannot  arrange  to  attend  the 
celebration  in  September  of  the  Constitutional  Centennial  Com- 
mission, and  wishes  that  her  compliments  and  thanks  be  accepted 
for  the  invitation  to  be  a  guest  of  the  Commission  on  that  occasion. 

NEW  YORK,  August  2,  1887. 

Bishop  Potter  has  much  pleasure  in  accepting  the  courteous 
invitation  of  the  Constitutional  Centennial  Commission  for  Sep- 
tember 17. 

To  Hon.  J.  A.  KASSON,  etc. 

ELBERON,   N.  J.,  August  6,  1887. 

MY  DEAR  SIR, — Owing  to  my  absence  from  home,  your  letter 
has  just  reached  me. 

I  shall  be  very  glad  to  render  the  service  you  ask,  on  the  1 7th 
prox.,  and  shall  be  obliged  to  you  if,  in  due  time,  you  will  furnish 
me  with  further  details  in  regard  to  it. 

I  am,  dear  sir,  sincerely,  yours, 

H.  C.  POTTER, 

96  Trenton  Avenue,  N.  Y. 
To  H.  L.  CARSON,  Esq. 

August  23,  1887. 

RESPECTED  DEAR  SIR, — I  beg  to  acknowledge  the  receipt  of 
your  favor  of  the  8th  inst,  informing  me  that  I  am  invited  to  offer 
the  closing  prayer  on  the  seventeenth  day  of  September  next 


CORRESPONDENCE  OF  THE  COMMISSION.  43  z 

I  gratefully  accept  the  invitation,  and  shall  cheerfully  comply 
with  the  request  of  the  committee  by  performing  the  sacred  duty 
assigned  to  me. 

In  common  with  my  fellow-citizens  I  heartily  rejoice  in  the 
forthcoming  commemorative  celebration.  The  Constitution  of 
the  United  States  is  worthy  of  being  written  in  letters  of  gold.  It 
is  a  charter  by  which  the  liberties  of  sixty  millions  of  people  are 
secured,  and  by  which,  under  Providence,  the  temporal  happiness 
of  countless  millions  yet  unborn  will  be  perpetuated. 
I  am  yours,  very  sincerely, 

JAMES   CARD.    GIBBONS, 

Archbishop  of  Baltimore. 
To  H.  L.  CARSON,  Esq., 

Secretary. 

NASHVILLE,  TENN.,  September  9,  1887. 
HON.  JOHN  A.  KASSON, 

907  Walnut  Street: 

DEAR  SIR, — I  accept  with  thanks  your  invitation  to  Philadelphia, 
and  will  perform  the  part  assigned  me  in  the  ceremonies  of  the 
1 7th  of  September. 

JERRY  WITHERSPOON. 

GLEN  SUMMIT,  PA.,  September  7,  1887. 

DEAR  SIR, — A  second  invitation  to  attend,  on  the  evenings  of 
the  1 5th,  1 6th,  and  i7th  of  September,  the  celebration  of  the  Cen- 
tennial anniversary  of  the  framing  and  promulgation  of  the  Con- 
stitution of  the  United  States  having  reached  me,  I  write  to 
express  the  satisfaction  it  will  give  me  to  do  so. 

The  occasion  will  be  so  remarkable  that  every  lover  of  his 
country  cannot  but  deem  it  a  privilege  to  be  present.  The 
experiment  of  1787  has  become  an  enduring  success.  For  a 
century  our  Federal  Constitution  has  been  tried  and  tested  and 
not  found  wanting.  It  has  not  only  survived,  but  been  made  even 
more  perfect  by  a  civil  convulsion  unprecedented  in  the  annals  of 


SELECTIONS  FROM  THE 

the  world.  Under  its  agis  "  the  government  of  the  people,  by  the 
people,  and  for  the  people,"  has  gone  on  developing  until  it  has 
become  a  wonder  in  the  sight  of  all  nations. 

Nor  can  I  help  referring  to  that  absolute  separation  of  Church 
and  State  which  our  Constitution  tacitly  maintains,  recognizing  no 
State  Church,  but  allowing  each  citizen  to  worship  God  as  con- 
science dictates.  The  result  has  been  a  century  of  marvellous 
Christian  energy,  liberty,  and  progress. 

It  is  therefore  eminently  proper  that  the  representatives  of 
the  Church  should   recognize   and  commend  to  the  blessing  of 
Almighty  God  the  coming  celebration. 
With  great  respect, 

Yours  sincerely, 

EDMUND   DE   SCHWEINITZ, 

Bishop  of  the  Moravian  Church. 

CLEVELAND,  OHIO,  September  8,  1887. 
MR.  HAMPTON  L.  CARSON, 

Secretary  of  Constitutional  Centennial  Commission  : 

DEAR  SIR, — I  take  great  pleasure  in  accepting  your  kind  invi- 
tation to  take  part  with  my  fellow-citizens  in  the  appropriate 
ceremonies  to  be  held  on  the  I5th,  i6th,  and  iyth  inst.  in  com- 
memoration of  the  framing  and  promulgation  of  the  Constitution 
of  the  United  States  one  hundred  years  ago. 

It  was  an  event  fraught  with  mighty  consequences  to  us  as  a 
people  and  to  the  world  at  large.  Here,  in  an  almost  trackless 
forest  and  measureless  continent,  we  undertook  to  frame  a  Con- 
stitution and  establish  a  government  by  which  the  people  were  to 
govern  themselves.  As  a  result,  freedom  and  restraint  have  been 
so  wisely  balanced  that  ambition  has  been  encouraged,  disorder 
restrained,  and  the  better  elements  of  our  common  nature  urged 
to  their  highest  development,  ending  in  wealth  and  unheard-of 
prosperity.  But,  better  still,  we  have  taught  the  world  that  free- 
dom can  exist  without  license,  and  authority  without  tyranny. 


CORRESPONDENCE  OF  THE  COMMISSION.  43  3 

For  this  we  rejoice,  and  for  this  we  have  good  cause  to  rejoice, 
we  and  the  untold  millions  yet  to  come,  whose  duty  it  will  be  to 
guard  the  solemn  trust  bequeathed  to  us.  Let  no  rude  hand  be 
placed  upon  it ;  let  no  man  dare  to  break  it,  let  its  letter  and 
spirit  be  engraven  on  the  hearts  of  the  people,  that  while  the  old 
rejoice  the  young  shall  learn  the  treasure  they  inherit. 

Let  the  celebration  be  without  distinction  of  race  or  creed,  but 
find  its  motive  in  a  common  gratitude  and  a  common  citizenship. 

Yours  truly  and  sincerely, 

R.  GILMOUR, 

Bishop  of  Cleveland. 

CAPON  SPRINGS,  WEST  VA.,  August  25,  1887. 
HAMPTON  L.  CARSON,  ESQ.  : 

DEAR  SIR, — Your  invitation  to  attend  the  centennial  anniversary 
of  the  framing  and  promulgation  of  the  Constitution  of  the 
United  States  has  just  reached  me  at  this  place,  for  which  please 
accept  my  grateful  acknowledgment.  I  expect  to  be  at  my  home 
in  Philadelphia  to  share  in  the  national  festivity  with  patriotic  joy. 
As  a  chaplain  in  the  army  from  Pennsylvania,  I  rejoice  profoundly 
in  the  peace,  prosperity,  and  perpetuity  of  our  great  nation ;  and 
especially  so,  that  the  people  of  our  undivided  country  can  com- 
memorate the  centennial  of  our  constitutional  bond  as  a  Federal 
Union  in  the  midst  of  abounding  benedictions. 

Yours  very  respectfully, 

B.  L.  AGNEW, 
Pastor  of  Bethlehem  Presbyterian  Church,  Philadelphia. 

August  15,   1887. 
THE  COMMITTEE  OF  THE  CONSTITUTIONAL  CENTENNIAL  COMMISSION  : 

GENTLEMEN, — The  receipt  of  your  esteemed  favor,  covering  an 
invitation  to  be  present  at  the  ceremonies  in  September,  is  hereby 
acknowledged.  I  shall  feel  honored  in  making  a  unit  in  the  vast 
sum  of  patriotic  humanity  which  will  then  be  gathered  in  the  place 
where  the  pen  utilized  and  preserved  the  victories  of  the  sword. 

VOL.  I. — 56 


SELECTIONS  FROM   THE 
434 

It  is  no  small  privilege  to  stand  in  the  "so  great  a  cloud  of 
witnesses"  to  the  results  won  by  the  valor  of  the  men  and  the 
loyalty,  patience,  and  fortitude  of  the  women  who  live  in  Ameri- 
can history.  Not  less  is  our  testimony  due  to  the  wisdom  of  our 
political  fathers  who  devised,  in  the  name  of  the  people,  "a  more 
perfect  union."  Above  all,  we  witness  and  confess  our  duty  to 
the  beneficent  Ruler  of  Nations,  who  wrought  in  them  and  has 

crowned  their  work. 

Respectfully, 

H.  HASTINGS  WELD. 

PHILADELPHIA,  August  21,  1887. 

GENTLEMEN, — It  gives  me  great  pleasure  to  accept  and  thank 
you  for  your  kind  invitation  to  attend  the  celebration  of  the  cen- 
tennial anniversary  of  the  framing  and  promulgation  of  the  Con- 
stitution of  the  United  States.  I  shall  be  glad  to  be  able  to  avail 
myself  of  your  kindness,  and  hope  no  official  engagements  or 
other  circumstances  beyond  my  control  will  prevent  me  from 
witnessing  a  celebration  as  unique  as  the  grand  and  successful 
experiment  of  political  government  which  it  commemorates. 

Accept  again  my  sincerest  thanks  for  the  honor  you  deemed 
fit  to  confer  on  me,  and  believe  me  to  be 
Very  respectfully, 

Your  obedient  servant, 

M.  JASTROW. 

To  Messrs.  JOHN  A.  KASSON,  President;  AMOS  R.  LITTLE,  Chairman  of 
Executive  Committee ;  HAMPTON  L.  CARSON,  Secretary  of  the  Constitu- 
tional Centennial  Commission. 

CITY,  767  SOUTH  SEVENTEENTH  STREET, 

August  20,  1887. 
CONSTITUTIONAL  CENTENNIAL  COMMISSION, 

HAMPTON  L.  CARSON,  Secretary: 

DEAR  SIR, — Allow  me,  in  acceptance  of  the  kind  invitation  to 
be  present  at  the  ceremonies  of  the  i5th,  i6th,  and  i;th  of  Sep- 
tember next,  not  only  to  express  my  personal  thanks,  but  to 


CORRESPONDENCE  OF  THE  COMMISSION.  435 

acknowledge,  in  behalf  of  the  colored  race,  whose  condition  and 
progress  have  been  so  marvellously  changed  in  those  one  hundred 
years,  the  spirit  of  justice  and  citizenship  involved  in  the  invita- 
tion to  be  represented  in  a  national  celebration. 

Very  respectfully, 

THEO.  DOUGHTY  MILLER, 
Pastor  First  African  (Cherry  Street}  Baptist  Church. 


SCRANTON,  September  12,  1887. 
HAMPTON  L.  CARSON,  ESQ., 

Secretary  Centennial  Anniversary,  etc.  : 

DEAR  SIR, — Pardon  my  delay.  I  have  been  very  busy,  and  did 
not  see  your  invitation  until  to-day. 

I  gladly  accept  the  kind  invitation  to  be  present  during  the 
centennial  exercises,  and  esteem  it  a  proud  honor  to  be  called 
upon  to  assist  in  celebrating  the  one  hundredth  anniversary  of  our 
country's  Constitution. 

I  have  the  honor  to  be, 

Yours  very  truly, 

T.  V.  POWDERLY. 


MILLS  BUILDING,  NEW  YORK,  August  17,  1887. 

GENTLEMEN, — I  beg  to  acknowledge  the  receipt  of  your  in- 
vitation, in  behalf  of  the  Constitutional  Centennial  Commission,  to 
take  part  in  the  anniversary  ceremonies  in  Philadelphia,  Septem- 
ber 1 5th,  1 6th,  and  iyth  next. 

It  gives  me  pleasure  to  accept.  It  appears  to  me  that  it  is  the 
duty,  and  should  be  the  pleasure,  of  every  patriotic  citizen  of  this 
country  to  step  aside  from  the  business  whirl  whenever  occasion 
like  this  is  offered,  and  give  tribute  to  the  great  men  who  founded 
our  nation  and  made  our  glorious  opportunities  possible.  We 
are  travelling  at  so  rapid  a  pace  nowadays  that  we  are  very  apt 
to  pass  by  with  too  little  notice  the  days  in  the  calendar  which 


-6  SELECTIONS  FROM  THE 

mark  the  periods  of  our  national  growth.  The  one  in  point  is 
in  remembrance  of  the  first  movement  of  the  infant  that  has,  with 
one  hundred  years'  growth,  become  the  greatest  nation  on  the 

earth. 

I  thank  you,  gentlemen,  for  your  courtesy,  and  esteem  it  a 

pleasure  to  participate. 

Very  truly  yours, 

HENRY   CLEWS. 

To  Messrs.  JOHN  A.  KASSON,  AMOS  R.  LITTLE,  and  HAMPTON  L.  CARSON, 
Committee. 

BOYCE  POST-OFFICE,  CLARKE  COUNTY,  VA., 
August  28,  1887. 

GENTLEMEN, — I  have  the  honor  to  acknowledge  the  receipt  of 
your  invitation  to  attend  at  Philadelphia,  on  the  i5th,  i6th,  and 
1 7th  of  September  next,  the  celebration  of  the  centennial  anni- 
versary of  the  framing  and  promulgation  of  the  Constitution  of 
the  United  States. 

1  regret  that  it  will  not  be  in  my  power  to  be  present  on  that 
occasion. 

I  trust  that  those  of  our  people  who  may  be  present  with  you, 
as  they  witness  the  illustrations  of  the  material  growth  and  power 
of  our  country  since  1 787,  will  not  forget  that  what  they  see  and 
hear  is,  under  the  guidance  of  an  all-wise  God,  mainly  due  to  the 
wisdom  and  patriotism  of  those  statesmen  who  framed  and  pro- 
mulgated the  Federal  Constitution  of  1787;  and  that  not  only 
those  present  at  Philadelphia,  but  all  of  our  people,  may  swear  a 
new  allegiance  to  the  principles  of  that  instrument,  so  that  our 
great  charter  may  be  handed  down  to  future  generations  as  the 
palladium  of  our  American  liberty. 

Your  obedient  servant, 

R.  H.  LEE. 

To  Hon.  JOHN  A.  KASSON,  President,  etc. ;  Hon.  AMOS  R.  LITTLE,  Chair- 
man, etc. ;  Hon.  HAMPTON  L.  CARSON,  Secretary,  etc.,  Philadelphia. 


CORRESPONDENCE  OF  THE  COMMISSION.  437 

126  SOUTH  TWENTY-SECOND  STREET,  August  17,  1887. 

MESSRS.   JOHN  A.  KASSON,  President;  AMOS  R.  LITTLE,  Chairman  Execu- 
tive Committee ;  HAMPTON  L.  CARSON,  Secretary: 
DEAR  SIRS, — I  accept  with  unusual  pleasure  your  very  cour- 
teous invitation  to  be  present  at  the  celebration  of  the  centennial 
anniversary  of  the  framing  and  promulgation  of  the  Constitution 
of  the  United  States. 

That  Constitution,  which  cemented  the  Union,  gave  us  a 
government,  and  guaranteed  our  national  existence,  is  indeed  our 
most  precious  heritage,  and  I  cannot  but  hope  that  the  coming 
celebration  may  tend  to  impress  upon  our  fellow-citizens  a  deeper 
sense  of  its  value,  and  of  the  sacredness  of  its  obligations. 
I  have  the  honor  to  be  yours,  respectfully, 

GEORGE    I.    RICHE. 

"THE  FLETCHERS,"  HENDERSON  COUNTY,  N.  C., 

August  29,   1887. 
HON.  HAMPTON  L.  CARSON, 

Secretary  Constitutional  Centennial  Commission, 
907  Walnut  Street,  Philadelphia,  Pa. : 

DEAR  SIR, — I  have  received  your  invitation  to  be  present  at 
the  centennial  ceremonies  commemorative  of  the  framing  and 
promulgation  of  the  Constitution  of  the  United  States  on  the 
1 5th  of  September  next. 

Absence  from  the  city  of  Charleston  will  account  for,  and  I 
hope  excuse,  my  delay  in  acknowledging  the  high  consideration 
extended  to  me. 

My  ancestors  were  intimately  associated  with  the  Revolu- 
tionary struggle  from  its  earliest  inception  to  its  triumphant  close ; 
and  with  the  progress  of  American  institutions  until  they  were 
crystallized,  and  became  a  noted  fixture  in  the  world's  history  by 
the  adoption  of  the  Constitution  and  the  organization  under  it  of 
the  government  of  the  United  States.  Their  descendants  are 
prepared  now  and  always  to  support  and  defend  the  government 


SELECTIONS  FROM  THE 

of  the  United  States,  and  the  principles  it  represents  under  the 
Constitution,  as  faithfully  and  earnestly  as  their  antecedents  did  an 
hundred  years  ago. 

I  regret  extremely  that  I  will  not  be  able  to   testify,  by  per- 
sonal participation  in  the  interesting  and  august  ceremonies,  my 
sympathy  with  their  intent  and  concurrence  in  their  purpose. 
I  have  the  honor  to  be  yours,  very  respectfully, 

B.   H.  RUTLEDGE. 

BOSTON,  August  10,  1887. 
THE  CONSTITUTIONAL  CENTENNIAL  COMMISSION  : 

GENTLEMEN, — I  have  the  honor  to  acknowledge  your  cour- 
teous invitation.  My  lengthened  years  must  forbid  its  accept- 
ance, pleasing  as  it  would  otherwise  be. 

With  earnest  wishes  that  the  celebration  may  be  attended 
with  enjoyment  and  instruction, 

I  am,  respectfully,  yours, 

S.   BARTLETT. 

GENERAL  WAYNE,  DELAWARE  COUNTY,  PA., 

August  9,  1887. 
MR.  HAMPTON  L.  CARSON, 

Secretary  of  the  Constitutional  Centennial  Commission  : 
DEAR   SIR, — My   father,    Samuel   W.    Mifflin,    to   whom   you 
addressed  (at  Columbia)  an  invitation  to  be  present  at  the  cere- 
monies of  the  1 5th,    1 6th,  and   iyth  of  September,   died  at  this 
place  two  years  ago. 

I,  his  eldest  son,  have  been  requested  by  his  family  to  thank 
you  for  this  considerate  invitation,  and  to  assure  you  that  my 
father,  with  his  full,  rounded  character  and  comprehensive  intellect, 
would  have  experienced  something  akin  to  great  joy  in  being  with 
you  on  this  memorable  occasion. 

His  own  father,  Jonathan  Mifflin,  was  a  personal  friend  of 
Lafayette  and  of  Washington,  and,  until  the  "  Con  way  Cabal," 


CORRESPONDENCE  OF  THE  COMMISSION.  439 

was  a  crony  of  his  somewhat  hot-headed,  impatient,  yet  withal 
exceedingly  brilliant  kinsman,  Thomas  Mifflin,  chairman  of  the 
First  Constitutional  Convention. 

Very  respectfully, 

GEO.  B.  MIFFLIN. 

ALASSIO,  ITALY,  September  13,   1887. 

SIR, — In  thanking  most  sincerely  the  Constitutional  Centennial 
Commission  for  the  honor  done  me  by  inviting  me  to  be  present 
at  the  celebration  of  the  centennial  anniversary  of  the  framing 
and  promulgation  of  the  Constitution  of  the  United  States  at 
Philadelphia  on  the  i5th,  i6th,  and  i;th  of  September,  I  must 
express  my  great  regret  that  my  absence  in  Europe  does  not 
allow  me  to  accept  the  invitation  to  take  part  in  a  celebration  with 
which  I  so  thoroughly  sympathize. 

Believe  me,   sir,  with  great  respect, 

Your  obedient  servant, 

EUGENE  SCHUYLER. 
To  HAMPTON  L.  CARSON,  Esq., 

Secretary  of  the  Executive  Committee. 

DOVER,  DEL.,  August  19,  1887. 

MESSRS.  JOHN  A.  KASSON,  President ;  AMOS  R.  LITTLE,  Chairman  of  Execu- 
tive Committee ;  HAMPTON  L.  CARSON,  Secretary: 
GENTLEMEN, — I  have  had  the  honor  to  receive  your  invitation 
to  the  celebration  of  the  centennial  anniversary  of  the  framing 
and  promulgation  of  the  Federal  Constitution,  to  be  held  at  Phila- 
delphia on  the  fifteenth,  sixteenth,  and  seventeenth  days  of  next 
month,  and  accept,  with  pleasure  and  gratefulness  to  yourselves 
for  having  favored  me  with  it.  I  know  the  ceremonies  will  be 
every  way  worthy  of  the  event  and  of  those  who  have  projected 
them. 

To  us,  as  citizens  of  the  United  States,  the  Constitution  is  of 
priceless  value,  giving  us  the  science  of  political  government  and 
a  sure  guarantee  that  the  liberties  secured  to  us  by  the  valor  of 


SELECTIONS  FROM  THE 

•  t 

those  who  made  it  will  never  be  in  peril  so  long  as  we  keep  it 
faithfully  as  our  guide  in  public  affairs.  May  not  the  hope  be 
indulged  that  in  the  beginning  of  a  new  century  of  national  life 
all  good  men  may  feel  inspired  by  a  purpose  of  subordinating  the 
desire  for  party  success  to  the  claims  of  the  general  welfare? 
I  have  the  honor  to  be,  gentlemen, 

Your  very  humble  servant, 

J.  P.  COMEGYS. 

FORT  WAYNE,  IND.,  August  15,  1887. 

GENTLEMEN, — I  have  the  honor  to  acknowledge  receipt  of  your 
invitation,  in  behalf  of  the  Constitutional  Centennial  Commission, 
to  be  present  at  the  celebration  at  Philadelphia,  on  the  fifteenth, 
sixteenth,  and  seventeenth  days  of  September  next,  of  the  cen- 
tennial anniversary  of  the  framing  and  promulgation  of  the  Con- 
stitution of  the  United  States. 

Every  good  citizen  will  commend  the  purpose  of  this  celebra- 
tion and  earnestly  desire  its  eminent  success. 

In  view  of  prospective  duties  at  home,  it  may  not  be  possible 
for  me  to  attend  the  celebration,  but  I  am  not  without  hope  of 
being  present. 

Pardon  me  if  the  occasion  suggests  some  other  words  than 
those  of  formal  acknowledgment  of  your  invitation. 

Few  events  of  political  history  have  been  of  greater  moment 
than  the  adoption  of  the  Constitution  of  1787.  It  has  been  an 
inspiration  and  a  lesson  to  mankind.  Its  framers  believed  that 
political  self-government  is  the  right  of  all  people,  and  that  heredi- 
tary or  dynastic  rule,  being  without  foundation  in  natural  right,  is 
not  essential  to  good  government  nor  to  human  happiness.  The 
Constitution  came  from  their  hands  as  the  work  of  the  people  of 
the  United  States,  and  it  forever  discarded  and  prohibited  the  title 
and  rank  of  king  and  all  orders  of  nobility,  and  opened  to  merit 
the  places  and  powers  of  government,  which  hereditary  rank  and 
wealth  had  been  accustomed  to  claim  or  usurp. 


CORRESPONDENCE   OF  THE  COMMISSION.  441 

The  highest  evidence  of  the  practical  wisdom  embodied  in  our 
Constitution  is  the  existence  and  history  of  the  United  States  of 
America  during  the  century  now  closing.  Under  this  organic  law, 
this  benign  authority,  self-imposed,  and  resting  solely  upon  the 
public  will,  three  millions  of  people  have  been  multiplied  to  more 
than  fifty-five  millions,  and  a  confederation  of  thirteen  feeble  English 
colonies,  united  for  self-government  and  the  general  welfare,  has 
grown  to  a  united  republic,  a  nation  of  thirty-eight  States,  holding 
the  first  place  among  the  powers  of  the  earth. 

The  Constitution  has  borne  and  passed  in  safety  the  cruel  test 
of  civil  war.  All  know  what  that  fearful  strain  was.  The  sinews, 
the  vital  powers  of  the  Constitution,  made  strong  by  the  love  of 
a  brave  and  free  people,  were  stronger  than  the  angry  forces 
which  strove  to  rend  them,  stronger  than  the  passionate  zeal 
which  sought  to  override  and  pervert  it,  under  pretence  of  its 
defence ;  and  it  is  questionable  whether  to-day  there  are  citizens, 
subject  to  the  Constitution,  who  love  and  respect  it  more,  or  who 
would  more  earnestly  and  faithfully  defend  it  in  any  future  peril 
that  may  befall  it,  than  the  wisest  and  bravest  of  those  who  at  one 
time  risked  their  all  in  a  desperate  effort  to  destroy  it.  It  is  a 
pleasure  to  every  patriotic  citizen  to  believe  that,  among  those  who 
will  unite  in  commemorating  the  adoption  of  the  Constitution  in 
1 787,  none  will  more  cordially  rejoice  in  its  preservation  and  power 
in  1887  than  the  representative  men  who  will  speak  for  the  people 
of  the  States  who,  with  the  courage  of  self-sacrifice,  submitted 
their  theory  of  the  Constitution  to  the  trial  of  war  and  justly  failed 
of  success. 

The  Constitution  we  love  and  honor  was,  as  Washington  said 
of  it,  "  the  result  of  a  spirit  of  amity  and  of  that  mutual  deference 
and  concession  which  the  peculiarity  of  our  political  situation 
rendered  indispensable."  It  bore  in  its  bosom  the  benign  influ- 
ence of  peace.  It  carried  within  itself  the  capability  of  adapta- 
tion to  the  present  and  the  future,  the  self- regulating  power  of 

VOL.  I. — 57 


442 


SELECTIONS  FROM  THE 


amendment  by  consent,  expressed  in  constitutional  peaceful  forms. 
The  latent  danger  in  the  Constitution  was  that  sectional  or  partisan 
interest  or  passion,  or  the  prejudice  of  opinion  become  intolerant, 
might  at  some  time  disturb  "the  spirit  of  amity,"  its  true  conserva- 
tor, and  under  the  excitement  and  invitation  of  supposed  griev- 
ances evoke,  in  its  place,  the  spirit  of  force, — the  war  power.  The 
result  of  the  war  power,  once  evoked  and  carried  to  its  final 
logical  issue,  could  be  no  other  than  the  victory  of  the  stronger 
material  power  over  the  weaker.  The  peril  and  the  trial  came, 
and  the  result  has  become  a  fact  of  history, — a  lesson  teaching  all 
the  people,  whose  common  property  and  protection  the  Constitu- 
tion is,  that  its  surest  safeguard  is  the  spirit  of  peace,  the  unity  of 
consent  and  mutual  interest,  which  first  breathed  into  it  the  breath 
of  life,  and  its  worst  foe  the  imperious  demand  of  sectional  interest, 
greedy  of  wealth  and  power  beyond  its  rightful  due,  and  the  in- 
tolerance of  party  or  sectional  opinion.  In  union,  fortified  by 
public  virtue,  is  our  glory  and  strength  as  a  people,  and  in  fidelity 
to  the  Constitution  is  the  hope  and  strength  of  the  Union. 

In  1887,  as  in  1787,  we  are  still  the  people  of  the  United  States 
of  America,  and  may  God  grant  that  we  may  never  have  other 
title  or  name  among  the  nations  of  the  earth. 
Very  respectfully, 

Your  obedient  servant, 

JOSEPH   K.   EDGERTON. 

To  Hon.  JOHN  A.  KASSON,  President;  AMOS  R.  LITTLE,  Chairman  Executive 
Committee;  HAMPTON  L.  CARSON,  Secretary,  907  Walnut  Street,  Phila- 
delphia. 
I 

SUMMERVILLE,    August    IO,    1887. 

MESSRS.  KASSON,  LITTLE,  and  CARSON  : 

DEAR  SIRS,— Your  invitation  to  the  constitutional  centennial 
anniversary  received  and  highly  appreciated. 

With  deep  regret,  I  must  say  that,  owing  to  circumstances 
which  I  cannot  control,  I  shall  not  have  the  pleasure  of  partici- 


CORRESPONDENCE   OF   THE   COMMISSION.  443 

pating  in  your  celebration.  My  regret  is  increased  by  the  remem- 
brance of  the  hospitality  of  your  city  as  it  was  exhibited  to  me 
when  a  wounded  soldier  (in  Camac's  Woods  Officers'  Hospital) 
in  1863.  Also,  when  Mrs.  Kelso  and  I  attended  the  Centennial 
Exposition  in  1876. 

Those  two  brief  sojourns  in  the  "  City  of  Brotherly  Love"  are 
to  my  memory  as  oases  in  the  desert  of  this  world  of  selfishness 
and  sin. 

A  city  which  did  as  much  as  yours  for  the  defenders  of  liberty 
and  union,  and  then  again  so  hospitably  and  comfortably  enter- 
tained the  ten  millions  of  visitors  to  the  birthplace  of  freedom, 
should  be  held  dear  to  the  heart  of  every  American  citizen. 

Hoping  that  you  may  have  a  gathering  which  will  cause  the 
old  State  House  to  swell  and  the  hearts  of  the  old  soldiers  to 
rejoice,  I  remain 

Yours,  respectfully, 

J.   C.   KELSO. 
To  the  CONSTITUTIONAL  CENTENNIAL  COMMISSION. 

NEW  ORLEANS,  August  18,  1887. 

MESSRS.  JOHN  A.  KASSON,  President ;  AMOS  R.  LITTLE,  Chairman  Execu- 
tive Committee;  HAMPTON  L.  CARSON,  Secretary,  907  Walnut  Street, 
Philadelphia : 

GENTLEMEN, — I  have  the  honor  to  tender  my  acknowledgments 
for  your  invitation,  in  behalf  of  the  Constitutional  Centennial  Com- 
mission, to  participate  by  my  presence  in  celebrating  the  centen- 
nial anniversary  of  the  framing  and  promulgation  of  the  Consti- 
tution of  the  United  States  at  Philadelphia,  on  the  fifteenth,  six- 
teenth, and  seventeenth  days  of  September  next,  by  suitable  cere- 
monies, including  military  and  industrial  displays  and  the  delivery 
of  an  oration  and  a  poem. 

It  is  the  duty  of  every  American  to  cherish  and  honor  forever 
that  great  charter  of  our  rights  and  liberties  which  indissolubly 
binds  together  these  United  States,  and  therefore  I  would  have 


,  .  ,  SELECTIONS  FROM  THE 

cheerfully  signified  my  readiness  to  attend,  if  possible,  the  cele- 
bration which  is  the  subject  of  your  communication  to  me,  the 
more  so  because  Philadelphia  is  to  me  a  city  of  pleasant  souve- 
nirs, where  I  studied  law  several  years  in  the  office  of  William 
Rawle,  the  author,  by  the  bye,  of  a  much  esteemed  work  on  the 
Constitution  of  the  United  States, — and  where  I  was  admitted  to 
the  bar  in  the  latter  part  of  1828  ;  but  old  age  and  other  circum- 
stances stand  in  the  way,  and  it  is  with  much  regret  that  I  beg  you 
to  accept  this  apology  for  my  non-attendance. 

With  the  highest  respect,  I  remain 

Your  obedient  servant, 

CHARLES   GAYARRE. 

JACKSONVILLE,  FLA.,  August  17,  1887. 
HAMPTON  L.  CARSON,  ESQ., 

Secretary  Constitutional  Centennial  Commission  : 

DEAR  SIR, — I  have  the  pleasure  to  acknowledge  receipt  of 
invitation  to  the  centennial  anniversary  of  the  framing  and  pro- 
mulgation of  the  Constitution  of  the  United  States,  at  Philadel- 
phia, on  the  fifteenth,  sixteenth,  and  seventeenth  days  of  Septem- 
ber next. 

During  a  number  of  years  past  I  have  not  participated  in  any 
public  celebration,  and  my  presence  at  this  festival  at  the  time 
indicated  would  be  of  serious  inconvenience. 

I  regret,  therefore,  that  I  shall  not  be  able  to  accept  the  invita- 
tion in  person,  and  beg,  through  you,  to  express  the  proper  ac- 
knowledgment to  the  president  and  chairman  of  the  committee. 

After  a  century  of  trial,  by  the  severest  tests,  of  its  capacity  to 
meet  all  the  requirements  anticipated  by  the  unequalled  wisdom 
and  foresight  of  its  framers,  and  its  flexible  adaptation  to  new  and 
complex  relations  incident  to  changed  conditions,  and  contrary  to 
serious  and  grave  predictions,  the  Constitution  in  its  fundamental 
features  has  proven  the  same  clear,  infallible  guide  and  promi- 
nent landmark  that  its  framers  intended  it  to  be.  It  still  lives,  a 


CORRESPONDENCE   OF  THE   COMMISSION.  445 

monument  of  the  wisdom  and  felicitous  foresight  of  its  framers. 
They  had  all  the  experience  of  the  Old  World ;  traditions  from  the 
earliest  existence  of  organized  governments  to  guide  them  ;  there 
had  been  some  relaxation  in  the  exercise  of  absolute  power ;  but 
everywhere  the  ruler  was  almost  irresponsible.  The  king  was 
everything,  the  people  nothing. 

The  American  Constitution  affirmed  the  existence  of  ultimate 
sovereignty  in  the  people,  recognized  resulting  individualism,  per- 
sonal liberty  in  all  things  not  inconsistent  with  the  like  rights  of 
others. 

These  primordial  individual  rights  are  secured  by  the  great 
written  charter  and  consecrated  by  the  attachment  of  the  Ameri- 
can people. 

No  time  and  place  more  appropriate  could  have  been  chosen 
to  express  the  extent  of  the  devotion  of  the  people,  whose  num- 
bers, and  a  country  whose  magnitude,  is  the  best  evidence  of  the 
wisdom  of  those  who  made  it. 

I  have  the  honor  to  be,  with  high  regard, 

Your  obedient  servant,  TAMES  A 


In  reply  to  an  invitation  sent  to  the  Rt  Rev.  Kilian  C.  Flasch, 
Bishop  of  La  Crosse,  that  gentleman  wrote : 

"  I  hereby  gratefully  acknowledge  the  receipt  of  your  card, 
kindly  inviting  me  to  attend  the  celebration  of  the  centennial 
anniversary  of  the  framing  and  promulgation  of  the  Constitu- 
tion of  the  United  States,  to  be  held  at  Philadelphia  on  the  i5th, 
1 6th,  and  i7th  of  September  next. 

"  While  I  appreciate  most  highly  the  honor  your  invitation 
implies,  I  regret  that  the  fact  of  my  having  made  indispensable 
diocesan  engagements  for  the  month  of  September  now  ensuing 
will  render  it  impossible  for  me  to  be  with  you  personally  on  that 
notable  occasion. 

"Yet  shall  I  be  present  in  spirit.     My  heart  will  be  with  the 


446  CORRESPONDENCE  OF  THE  COMMISSION. 

deservedly  elaborate  ceremonies  you  are  instituting,  as  it  is  with 
the  event  and  the  immortal  document  which  so  justly  calls  for 
those  ceremonies.  They  are  designed  to  commemorate  the  epoch 
of  the  legal  birth  of  the  freest  nation  on  earth,  that  after  a^  century 
of  its  existence,  notwithstanding  the  occasional  jars  and  strains 
and  mishaps  incident  to  all  human  struggles,  has  solved  the 
problem,  realized  the  experiment  of  popular  self-government  on 
the  largest  scale;  and  what  citizen  of  the  United  States — nay, 
what  lover  of  his  kind — may  stand  aloof  or  be  indifferent  and 
unsympathetic  in  the  presence  of  so  grand  a  scene  ? 

"  I  confidently  trust  that  the  very  observance  of  this  centenary 
will  but  all  the  more  emphasize  to  the  citizens  of  our  glorious 
republic  the  importance,  the  necessity  of  that  respect  for  authority 
and  that  obedience  to  law  which  alone  can  maintain  true  liberty, 
ever  controlled  and  regulated  by  law ;  dispositions,  indeed,  which 
the  Constitution  itself  presupposes,  as  it  offers  itself  to  be  the 
broad  sheet-anchor,  the  safe  guarantee,  and  the  secure  guardian 
of  their  rights  and  liberties.  Gives  Liberi  estis  propter  Leges 
vestras,  as  the  great  Cicero  reminded  the  Romans  of  his  day. 
And  again,  '  Liberty  consists  in  the  power  of  doing  that  which  is 
permitted  by  law.' 

"  Thus,  too,  with  their  hopes  resting  in  God,  the  source  of  all 
authority  and  the  Father  of  all  nations ;  with  fraternal  love  strong 
in  union  with  their  '  Elder  Brother,'  Christ ;  with  the  every  law 
of  their  respective  sovereign  States  in  consonance  and  harmony 
with  the  Federal  Constitution  ;  with  justice  exercised  towards  all 
peoples,  and  with  a  due  and  jealous  appreciation  of  their  own 
dear  rights  and  liberties,  '  as  free,  and  not  making  liberty  a  cloak 
for  malice,  but  as  the  servants  of  God,'  they  will  ever  preserve  the 
precious  boons  bequeathed  to  the  framers  of  our  great  charter, 
and  surely  merit  from  heaven  the  greater  national  blessings;  for 
'justice  exalteth  a  nation,'  and  'blessed  is  that  nation  whose  God 
is  the  Lord.' " 


THE  CELEBRATION  OF  THE  ONE  HUNDREDTH  ANNIVERSARY 

OF 

THE     FRAMING     OF     THE     CONSTITUTION 

OF 

THE     UNITED     STATES. 

AT   PHILADELPHIA,  SEPTEMBER,  1887. 


BY  A    RRENCH    SPECTATOR. 


I. 

OF  all  the  cities  of  the  American  Union,  Philadelphia  was 
certainly  the  most  worthy,  from  all  points  of  view,  to  be  the  seat 
of  the  resplendent  festival  by  which  the  Americans  have  just  cele- 
brated the  centenary  of  their  Constitution.  In  fact,  one  encounters 
here  at  each  step  mementos  of  the  colonial  period  and  of  the  War 
of  Independence,  and  of  the  creation  of  the  American  Union. 
The  descendants  of  the  old  Philadelphia  families — the  Coxes,  Wis- 
tars,  Morrises,  Rawles,  Meades,  Burds,  Shippens,  Biddies,  Penny- 
packers,  Cadwaladers,  and  so  many  others,  of  which  the  members 
distinguished  themselves  in  those  eventful  epochs  in  the  councils 
and  on  the  battle-field — have  guarded  preciously  the  glorious 
heritage  which  their  ancestors  have  transmitted  to  them,  and  in  no 
part  of  America  is  patriotism  more  ardent  and  glowing  than  in 
this  great  city,  which  was  the  veritable  cradle  of  the  modern 
United  States.  In  the  other  cities  of  the  Union,  especially  in  the 
West,  patriotism  and  attachment  to  the  Constitution  are  also  pure 
and  sincere ;  but  no  direct  bond  attaches  the  inhabitants  to  this 

447 


..g  THE  CENTENNIAL   CELEBRATION  OF 

glorious  past,  which  they  know  only  through  lessons  of  history, 
and  not  by  family  traditions,  and  in  which  the  absorbing  occupa- 
tions in  the  daily  struggle  for  existence  prevent  them  from  interest- 
ing themselves  with  the  same  ardor,  while  in  Philadelphia  this  past 
is  a  direct  heritage,  and  the  souvenirs  of  the  heroic  epoch  are  pre- 
served in  all  their  freshness. 

The  first  thing,  in  fact,  they  show  to  a  stranger  is  Independence 
Hall,  where  the  Declaration  of  Independence  was  signed  in  1776, 
and  the  Constitution  of  the  United  States  in  1787.  The  venerable 
red  brick  building,  with  its  tower  and  its  two  annexes,  remains 
exactly  as  it  was  then ;  the  central  rooms  have  been  preserved 
intact.  In  the  one  to  the  left,  on  entering  from  Chestnut  Street, 
may  be  seen  the  chair  and  desk  used  by  Washington,  the  seats  of 
the  members  of  Congress,  and,  on  the  walls,  the  portraits  of 
statesmen,  great  lawyers,  soldiers,  and  patriots,  who,  after  their 
successful  struggle  for  independence,  gave  to  the  thirteen  States 
that  admirable  Constitution  which  suffices  yet  to-day,  with  a  few 
rare  amendments  suggested  by  experience,  to  the  happiness  and 
prosperity  of  sixty  millions  of  human  beings.  For  it  is  with  reason 
that  Mr.  Gladstone,  in  his  eloquent  letter  to  the  Honorable  John  A. 
Kasson,  president  of  the  Centennial  Commission,  expressed  him- 
self in  these  terms :  "  I  think  the  Constitution  of  the  United  States 
represents  the  most  admirable  creation  that  has  ever  been  pro- 
duced by  one  effort  of  human  intelligence."  These  words  were 
reproduced  in  letters  of  gold  on  one  of  the  triumphal  arches  raised 
on  Chestnut  Street. 

To  the  right  of  the  entrance  and  opposite  to  the  first,  a  second 
room  contains  relics  of  the  Revolution,  letters  of  Franklin  and  of 
Washington,  specimens  of  coins,  seals,  commissions,  projectiles 
brought  from  the  battle-field,  as  well  as  arms  and  equipments  of 
soldiers,  among  which  the  Frenchman  discovers,  not  without 
emotion,  the  sword  and  epaulets  of  Lafayette,  and  several  letters 
of  ministers  of  the  king  of  France.  A  picture  representing  the 


THE  FRAMING    OF  THE   CONSTITUTION.  449 

tomb  of  Lafayette  in  France  has  been  placed  in  the  midst  of  these 
national  relics,  which  proves,  better  than  everything  else,  that  in 
spite  of  the  colossal  development  of  the  country,  and  the  changes 
which  have  taken  place,  in  spite  of  the  arrival  of  masses  of 
foreigners  who  have  no  historic  bond  with  the  past,  prosperity  has 
not  engendered  ingratitude,  and  that  the  true  American  preserves 
preciously  the  memory  of  services  rendered.  The  Philadelphia 
Commission  had  asked  that  the  frigate  Minerve  might  join  the 
American  squadron  during  the  celebration,  and  unanimous  regrets 
were  expressed  when  they  learned  that  the  fisheries'  service  re- 
tained her  at  Newfoundland.  At  the  banquet,  which  terminated 
the  fetes,  one  of  the  first  toasts  proposed  in  that  festival,  so  ex- 
clusively American,  was :  "  To  France — to  our  old  ally."  No ! 
America  forgets  not  services  rendered,  and  the  name  of  France  is 
venerated  in  the  United  States. 

Between  the  two  rooms  of  which  I  have  just  spoken,  and 
which  are  continually  crowded  with  visitors,  may  be  seen  sus- 
pended from  the  ceiling  the  famous  bell — to-day  all  cracked — 
which  called  the  people  to  arms  in  1776.  There  are  many  houses 
in  Philadelphia  where  one  may  see  two  pieces  of  bronze,  one 
representing  Washington,  the  other  a  bell-ringer,  with  bare  arms, 
his  hat  and  coat  beside  him,  with  a  pitcher  of  water  and  a  glass, 
and  ringing,  with  all  his  might,  a  bell  which  bears  this  simple  date, 
— "1776."  The  two  wings  annexed  to  the  hall  are  occupied 
to-day,  one  by  the  mayor,  the  other  by  the  city  and  county  courts. 
In  front  of  the  Chestnut  Street  entrance  stands  a  statue  of 
Washington  in  marble ;  in  the  rear  of  the  building,  looking  on 
Walnut  Street,  has  been  made  a  magnificent  square,  planted  with 
trees  more  than  a  hundred  years  old,  and  covered  with  grass  and 
masses  of  flowers,  called  Independence  Square. 

From  a  historic  point  of  view,  Philadelphia  is  a  hundred  times 
more  interesting  than  New  York.  Souvenirs  abound  here.  At 
the  corner  of  Seventh  and  Market  Streets  stands  a  house,  oc- 

VOL.  I. — 58 


4c0  THE  CENTENNIAL   CELEBRATION  OF 

cupied  by  a  bank, — Penn  National  Bank ;  an  inscription  in  gold 
letters,  on  black  marble,  recalls  to  the  passer-by  that  it  was  there, 
on  a  little  varnished  oak  desk,  preciously  preserved,  that  the 
immortal  Thomas  Jefferson  wrote  the  Declaration  of  Indepen- 
dence. 

At  No.  239  Arch  Street  stands  a  little  house,  the  lower  story 
of  which — to-day  a  simple  tavern — was  occupied  by  Mrs.  Eliza- 
beth Ross,  the  milliner  in  renown  with  the  Quaker  ladies  of  that 
epoch.  In  the  modest  front  window — which  remains  just  as  it  was 
then — were  displayed  the  wide-rimmed  hats,  simply  ornamented 
with  lace,  and  the  large  cloaks  of  drab-colored  silk,  destined  for 
the  beautiful  customers  of  the  house.  It  was  there  that  Wash- 
ington went  with  a  committee,  one  evening  in  1777,  to  employ 
the  milliner  to  make  a  model  of  the  flag  which  was  to  serve  as  a 
rallying  sign  for  the  confederated  States.  The  subject  had  been 
discussed  in  Congress  ;  but  before  going  further,  it  was  necessary 
to  have  a  model  made,  of  which  Washington  himself  took  charge. 
The  scene  is  charming.  Madam  Elizabeth  displayed  the  goods 
in  the  back  shop.  There  she  cut  seven  red  and  six  white  strips, — 
a  blue  square  for  the  upper  corner  with  thirteen  stars.  Here 
arose  a  discussion  ;  the  General  wanted  the  stars  made  with  six 
points  ;  Madam  Elizabeth  demonstrated  to  him  that  they  ought 
to  have  only  five,  that  they  appeared  so  in  the  heavens.  Finally 
the  pretty  Quakeress  carried  the  point.  They  agreed  to  make  it 
so,  provisionally,  and  Washington  returned  to  Congress  to  give 
an  account  to  his  friends  of  his  proceedings.  Some  days  after- 
wards the  model  was  taken  to  Carpenters'  Hall,  and  unanimously 
adopted.  Such  was  the  origin  of  that  illustrious  flag,  of  which 
the  stars  increase  in  proportion  as  new  States  are  born,  and  which 
is  truly  the  banner  of  liberty.  More  than  a  hundred  thousand 
persons  visited,  during  the  centennial,  the  house  in  which  was  thus 
conceived  and  executed  the  first  American  flag. 

At  last,  they  show  to  the  visitor,  not  far  from  the  square  which 


THE  FRAMING    OF  THE   CONSTITUTION.  451 

bears  his  name,  the  tomb  of  Benjamin  Franklin,  the  eminent 
savant  and  patriot,  interred  in  the  heart  of  the  city  he  loved  so 
well.  The  presence  of  all  these  relics,  which  recall  the  birth  of 
the  Union  and  the  days  of  struggle,  has  made  of  Philadelphia  not 
only  the  most  patriotic  city  of  the  Union, — which  was  proven  to 
the  world  at  the  time  of  the  great  exhibition  of  1876, — but  has 
given  to  her  an  original  character  entirely  different  from  New 
York,  which  is  a  city  essentially  cosmopolitan,  and  as  little  Ameri- 
can as  possible.  The  city  numbers  to-day  more  than  a  million  one 
hundred  thousand  inhabitants ;  her  wealth  is  immense ;  her  manu- 
factories are  as  numerous  as  powerful ;  she  covers  an  area  of  one 
hundred  and  thirty  square  miles.  Her  institutions,  consecrated  to 
science  and  the  arts  and  to  benevolence  are  innumerable.  More 
than  three  thousand  street-cars  thread  their  way  through  the  city, 
night  and  day.  The  masses  come  from  all  directions  to  visit  her 
monuments  and  points  of  interest.  If  Washington  is  the  political, 
and  New  York  the  commercial  metropolis,  Philadelphia  is  the  his- 
torical and  truly  national  metropolis  of  the  United  States. 

Last  year  the  governors  of  the  thirteen  original  States  met 
in  this  city  to  arrange  for  the  celebration  of  the  great  anniversary, 
and  selected  a  committee  for  that  purpose.  These  fetes — the 
unheard  of  splendor  of  which,  as  will  be  seen  further  on,  was 
worthy  of  the  great  event  which  they  celebrated — occupied  three 
days.  The  first  day  was  to  be  devoted  to  an  immense  industrial 
and  civic  parade,  demonstrating  by  a  sort  of  object-lesson  the 
wonderful  progress  of  the  American  people  in  the  past  hundred 
years.  The  second  day  to  a  grand  military  parade,  which  was  of 
a  nature  to  arouse  the  most  enthusiastic  interest ;  a  detachment 
from  each  corps  of  the  regular  army,  and  detachments  of  the 
militia  from  nearly  all  the  Northern  and  Southern  States,  each 
one  with  its  special  uniform,  were  to  march  under  the  supreme 
command  of  General  Sheridan,  commander-in-chief  of  the  army. 
The  militia,  representing  their  different  States,  were  to  be  led  by 


4-2  THE  CENTENNIAL   CELEBRATION  OF 

their  respective  governors  and  staffs.  The  procession  was  to  be 
reviewed  by  the  President,  his  cabinet,  ex-Presidents,  members  of 
the  Supreme  Court,  members  of  Congress,  the  president  of  the 
Senate,  foreign  ministers,  delegates  from  all  the  States,  and  many 
citizens  distinguished  in  politics,  law,  art,  science,  industry,  and 
commerce.  The  third  day  was  to  be  reserved  for  the  veritable 
^2te_the  culminating  point  of  the  Centennial — in  Independence 
Square,  in  the  shadow  of  the  very  cradle  of  liberty  and  of  Ameri- 
can nationality.  The  admirable  programme  was  followed  out  from 
point  to  point.  It  was  through  the  amiability  of  Mr.  Edward  Ship- 
pen — a  descendant  of  one  of  the  old  Revolutionary  families — 
I  was  enabled  to  see  advantageously  all  these  grand  fetes.  A 
recital  in  detail  of  all  I  have  seen  would  lead  me  too  far ;  I  only 
desire  to  give  in  part  to  French  readers  this  never-to-be- 
forgotten  spectacle. 

II. 

All  nations  have  been  accustomed  to  celebrate  by  appropriate 
festivals  the  great  dates  of  their  national  history ;  but  never,  in  the 
light  of  our  sixty  centuries  of  history,  has  any  nation  celebrated  a 
grander  anniversary  than  did  the  United  States  in  these  three 
days.  There  can  be  nothing  to  compare  with  it  in  majesty  but 
perhaps  that  which  France  will  celebrate  in  1889,  namely,  the 
French  Revolution. 

After  eight  years  of  a  desperate  war  with  the  mother  country, 
the  loose  bonds  which  held  the  States  in  confederation  were  not 
sufficient  to  establish  a  stable  government ;  to  bring  order  out  of 
chaos,  to  avert  imminent  bankruptcy,  and  to  be  ready  for  future 
emergencies,  a  solid  union  was  necessary.  We  know  that  it  was 
only  after  long  and  painful  deliberations  that  the  Convention  suc- 
ceeded in  completing  and  signing  the  Constitution,  and  then  it 
required  two  years  to  obtain  the  ratification  of  the  thirteen  States. 
The  result  surpassed  the  hope  of  the  founders,— of  Washington, 
Madison,  Hamilton,  Morris,  Franklin,  and  others,  who  had  not  one 


THE  FRAMING   OF  THE   CONSTITUTION,  453 

hour  of  weakness  in  the  midst  of  the  most  terrible  difficulties  ;  and 
now  that  slavery  has  disappeared,  and  the  great  crisis  of  the 
secession  war  is  past,  the  future  opens  brilliantly  for  America ; 
and  if  liberty  was  to  disappear  from  the  rest  of  the  world,  she 
would  find  again  in  this  noble  country  a  sacred  asylum. 

When  the  Constitution  was  signed,  in  1787,  the  United  States 
were  tributaries  of  Europe  for  everything  except  the  primitive 
products  of  the  soil ;  to-day  America  supports  herself,  and  feeds 
part  of  the  Old  World.  She  reigns  from  the  Atlantic  to  the 
Pacific ;  her  population  has  grown  from  three  millions  to  sixty 
millions  of  souls ;  all  her  debt  redeemable  is  redeemed  ;  the  re- 
mainder will  be,  or  nearly,  before  the  end  of  the  century  ;  and  the 
only  financial  difficulty  that  she  encounters  is  to  know  what  to  do 
with  the  surplus  which  accumulates  in  her  treasury  at  the  rate  of 
over  a  hundred  million  dollars  per  annum. 

The  object  of  the  parade  was  to  show  to  the  eyes,  by  a  real 
speaking  lesson,  the  progress  made  in  the  past  century.  How 
striking  was  the  difference  between  the  recent  fetes  of  the  jubilee 
of  Queen  Victoria  and  those  of  the  centenary  of  the  American 
Constitution  !  On  the  one  side,  unheard-of  luxury,  a  rigid  eti- 
quette, an  overwhelming  display  of  long  lines  of  nobles  and 
princes  ;  on  the  other,  a  popular  festival,  the  image  of  liberty  in 
equality,  and,  instead  of  useless  pomp,  an  industrial  parade,  having 
at  the  same  time  a  practical  and  patriotic  character.  It  was  an 
original  idea,  to  show  in  a  tangible  fashion,  in  each  branch  of  in- 
dustry, by  a  series  of  living  pictures  and  a  sort  of  rolling  expo- 
sition, the  difference — what  say  I  ?  the  gulf— which  exists  between 
then  and  now.  Statistics  are  dry,  and  speak  but  little  to  the 
imagination.  On  account  of  the  immense  dimensions  of  the  floats 

o 

or  platforms  destined  to  carry  the  various  pieces  of  the  long  expo- 
sition, the  parade  was  limited  to  one  street, — Broad  Street, — the 
width  of  which  permitted  the  passage  of  all  the  carriages.  The 
street  is  about  fourteen  miles  in  length.  The  procession  started 


THE  CENTENNIAL    CELEBRATION  OF 

from  a  point  three  miles  north  of  the  Public  Buildings,  passed 
three  miles  to  the  south  of  them,  and  returned  by  countermarch 
to  the  place  of  starting,  covering  thus  twelve  miles. 

Both  sides  of  Broad  Street  from  north  to  south  were  lined 
with  immense  stands  capable  of  seating  two  hundred  thousand 
persons.  More  than  six  hundred  thousand  visitors  came  here 
from  all  parts  of  the  Union.  These  figures  are  not  imaginary  ; 
they  are  those  given  officially  by  the  different  lines  of  railroads 
leading  to  Philadelphia, — the  Pennsylvania  Railroad,  the  Wilming- 
ton and  Baltimore,  the  Philadelphia  and  Reading,  and  the  Balti- 
more and  Ohio.  They  were  obliged  to  establish  two  temporary 
stations  to  prevent  the  central  station  from  being  overcrowded. 
As  the  normal  population  is  one  million  one  hundred  thousand, 
there  were  then  in  Philadelphia  during  the  centennial  celebration 
four-fifths  of  the  population  of  Paris.  The  windows,  the  side 
streets,  the  roofs,  the  carriages,  the  stands,  all  were  black  with 
people.  It  was  estimated  that  more  than  a  million  and  a  half  of 
spectators  saw  this  enormous  parade,  which  included  one  hundred 
and  fifty  bands  of  music,  placed  at  the  head  of  the  various 
divisions  and  subdivisions. 

Never,  even  in  America, — country  of  marvels, — has  a  similar 
spectacle  been  offered  to  the  people.  The  Federal  authorities 
(except  the  President,  who  could  not  arrive  until  evening),  the 
governors  of  the  States  and  Territories,  members  of  the  Supreme 
Court,  the  invited  strangers,  the  officers  of  the  troops  from  the 
different  States,  and  many  of  America's  illustrious  sons  in  the 
different  branches  of  human  activity,  were  crowded  on  the  central 
stand,  which  was  decorated  with  the  flags  of  all  nations.  France 
was  represented  by  the  Marquis  of  Chambrun,  and  Monsieur 
Jules  Boeufve,  of  the  French  legation  at  Washington. 

Precisely  at  ten  o'clock  a  salute  of  one  hundred  guns,  fired  by 
the  North  Atlantic  Squadron,  anchored  in  the  Delaware,  an- 
nounced the  opening  of  the  grand  ceremony.  The  Konigin 


THE  FRAMING   OF  THE   CONSTITUTION.  455 

Emma,  the  only  foreign  man-of-war  present,  responded  with  the 
same  number  of  guns.  The  head  of  the  column,  starting  at  ten 
o'clock,  was  two  hours  reaching  the  grand  stand  erected  in  front 
of  the  Union  League  and  Bellevue  Hotel,  the  central  point  of  the 
procession.  At  the  Union  League  many  of  the  best  society  of 
Philadelphia  had  assembled.  On  the  Bellevue  stand,  the  great 
American  philanthropist,  George  W.  Childs,  entertained  General 
Sheridan,  Colonel  Grant,  the  Chinese  ambassador,  and  other 
distinguished  personages.  Richer  than  many  kings,  generous, 
benevolent,  George  W.  Childs  certainly  merits  the  title,  which  his 
compatriots  have  bestowed  upon  him, — "The  first  citizen  of 
Philadelphia."  One  notices,  with  the  Chinese  ambassador,  shining 
in  his  blue  robes,  Mr.  Wharton  Barker,  chief  of  the  Philadelphia 
syndicate,  which  has  just  obtained  from  Li-Hung-Chang  the 
colossal  concession  concerning  the  establishment  of  the  telegraph 
and  telephone  lines,  and  the  Chinese  bank,  which  will  be  a  State 
bank,  and  which  our  authorities  in  Tonquin  should  very  often  have 
occasion  to  use,  if  the  concession  is  confirmed  by  the  Tsung-li- 
Yamen,  as  I  fear,  for  my  part,  it  risks  not  to  be.  But  there  is  the 
sound  of  trumpets ;  a  cordon  of  mounted  policemen  turn  the 
corner  of  the  Public  Buildings,  and  are  engaged  in  clearing  the 
way  in  the  southern  part  of  Broad  Street.  Each  one  is  ready  to 
look,  and  anxious  to  lose  no  detail  of  this  spectacle,  which  can  be 
seen  but  once  in  a  lifetime. 

As  I  said  in  the  commencement,  I  will  be  very  brief, — it  would 
require  a  folio  to  note  all  the  details  of  this  unequalled  parade, — I 
will  touch  only  the  points  the  most  interesting  for  the  French 
readers.  At  the  head  of  the  column,  behind  Colonel  A.  Loudon 
Snowden,  grand  marshal,  was  an  immense  allegorical  banner, 
representing  Columbia,  standing,  with  one  hand  pointing  to  the 
past,  represented  by  sailing  galleys,  ox-wagons,  carts,  and 
thatched  cabins,  and  with  the  other  to  the  present,  with  its  rail- 
roads, telegraphs,  steamboats,  telephones,  mechanics,  and  per- 


456  THE  CENTENNIAL   CELEBRATION  OF 

fected  agricultural  implements.  Then  a  series  of  tableaux  vivants, 
representing  the  battle  of  Lexington,  the  Declaration  of  Inde- 
pendence, the  winter  quarters  of  General  Washington  at  Valley 
Forge,  with  the  sentinels  in  the  Continental  uniform,  the  capitula- 
tion of  Yorktown,  a  group  of  horsemen  representing  Washington 
followed  by  his  generals.  The  memory  of  this  great  man  is 
recalled  several  times  in  the  parade.  It  is  not  astonishing.  Is  he 
not  the  father  of  this  country? 

On  a  carriage  drawn  by  six  horses  are  shown  the  representa- 
tives of  all  the  foreign  nations,  from  which  came  the  first  settlers 
of  America,  each  one  in  the  costume  of  his  country,  holding  in  his 
hand  his  distinctive  banner.  Farther  on,  "  Uncle  Sam,"  with  his 
red  and  white  striped  trousers,  his  starry  vest,  and  his  face  shaved 
except  the  long  chin  whiskers  ;  near  him  is  sitting  the  "  Goddess 
of  Liberty,"  and,  in  the  centre  of  the  car,  thirteen  pleasing  young 
girls,  chosen  from  the  most  beautiful  (and  one  knows  they  abound 
in  Philadelphia),  dressed  in  white,  with  tri-colored  scarfs,  repre- 
senting the  thirteen  original  States  of  the  Union.  At  the  side  of  a 
model  school  of  a  hundred  years  ago  is  a  modern  one,  with  a 
group  of  children  about  the  doors,  and  their  teacher  in  the  yard 
with  a  book  in  his  hand.  Everywhere  the  past  is  put  in  contrast 
with  the  present. 

Of  all  the  labor  organizations  of  Philadelphia,  the  oldest  is 
that  of  the  Master  Carpenters,  which  was  incorporated  in  1724. 
This  was  the  only  one  which  took  part  in  the  great  parade  of 
1788,  celebrating  the  adoption  of  the  Constitution.  The  same 
banner  which  was  carried  on  that  occasion  was  again  carried  by 
them  one  hundred  years  afterwards ;  but  the  venerable  piece  of 
,  which  constitutes  for  the  corporation  a  precious  relic,  was 
protected  by  a  double  glass.  Behind  the  heralds  and  bands  of 
music,  a  round  Greek  temple  with  a  cupola,  supported  by  thirteen 
columns,  presenting  &*  foe-simile  of  the  model  which  had  figured 
in  the  procession  of  1788.  Behind  it  came  an  enormous  temple 


THE  FRAMING   OF  THE  CONSTITUTION.  457 

of  the  Doric  order,  thirty-three  feet  long,  with  thirty-eight 
columns,  on  each  of  which  was  a  blue  escutcheon  bearing  the 
names  of  the  thirty-eight  States  of  the  Union.  The  comparison 
between  the  delicate  little  construction  with  thirteen  columns  and 
the  enormous  temple  spoke  to  the  eyes  and  showed  the  wonderful 
progress  during  the  century. 

At  the  head  of  the  agricultural  division,  a  farmer  in  knee- 
breeches,  green  coat,  and  maroon  vest  carried  on  his  neck  a  bag 
filled  with  wheat,  making,  as  he  walks  along,  the  gesture  of  sow- 
ing ;  behind  him  a  rude  cart  and  primitive  tools.  The  progress  is 
represented  by  an  immense  array  of  modern  agricultural  imple- 
ments. Next  in  order,  a  boy  wearing  the  costume  of  the  olden 
time,  going  to  the  mill  on  horseback  with  a  bag  of  wheat  before 
him;  in  the  rear  a  mill  of  1760,  another  of  1814,  the  millstones, 
and  the  metallic  mills,  followed  by  a  fac-simile  of  the  immense 
modern  mill  of  the  Millbourne  Mill  Company. 

The  division  of  printing  and  typography  was  preceded  by  a 
car  on  which  was  reproduced,  in  tableau  vivant,  the  famous  en- 
graving of  Gutenberg  examining  a  printed  leaf  which  has  just 
come  from  a  hand-press,  of  which  his  assistant  holds  the  lever; 
naturally  following,  side  by  side,  the  old  Washington  hand- 
press,  the  modern  press,  a  set  of  compositors,  their  cases,  and  a 
fac-simile  of  the  enormous  rotary  presses;  also,  the  engraving 
and  lithography.  All  the  different  kinds  of  paper  had  their 
special  wagons,  preceded  and  followed  by  horsemen  and  bands  of 
music. 

It  is  well  known  what  role  public  instruction  plays  in  America. 
In  a  country  where  the  citizen  is  king,  and  governs  himself  by 
vote,  it  is  of  primary  importance  that  he  should  be  enlightened : 
therefore  schools  abound.  The  fifth  division  was  devoted  entirely 
to  the  institutions  of  education.  The  University  of  Pennsylvania, 
which  had  taken  part  in  the  parade  of  1 788,  participated  in  this 
one,  with  the  College  of  Physicians  and  the  representatives  of  the 

VOL.  i. — 59 


THE  CENTENNIAL   CELEBRATION  OF 

different  public  schools  of  the  State.     Everywhere  the  comparison 
between  the  past  and  present  is  striking  to  the  eye. 

One  of  the  parts  which  excited,  and  justly,  the  most  interest, 
was  that  devoted  to  the  Indian  schools.  This  race  has  succumbed 
to  the  fate  of  the  inexorable  and  fatal  ban  of  natural  selection ;  it 
is  disappearing  before  the  white  man.  In  spite  of  good  treatment 
it  is  dying,  and  civilization  can  do  nothing  to  prevent  its  disappear- 
ance. Nevertheless,  it  is  necessary  to  render  this  justice  to  the 
American  people,  that  they  do  not  forget  the  duties  of  guardian- 
ship over  the  three  hundred  thousand  Indians  distributed  through 
the  Territories  of  the  United  States.  Schools  for  them — male  and 
female — exist  everywhere.  There  are  two  very  flourishing  ones  in 
Pennsylvania, — one  in  Carlisle,  the  other  the  Lincoln  Institute  in 
Philadelphia.  On  a  series  of  richly-draped  cars  were  seen  the 
Indians  of  1787  ;  then,  the  Indians  of  to-day,  sending  their  children 
to  the  government  schools,  and  the  children  themselves — after  six 
months  of  schooling;  we  see  the  girls  learning  needlework,  mil- 
linery, cooking,  washing,  ironing,  and  a  young  girl  of  the  Sioux 
employed  as  nurse  in  the  University  Hospital ;  the  boys  making 
shoes,  carpets,  harness,  whips,  bread,  brushes ;  and  last,  the  agri- 
cultural car,  where  the  young  Indians  displayed  the  fruits  and 
vegetables  cultivated  by  them  in  the  gardens  at  Carlisle.  Next 
came  the  classes  of  Indians,  young  boys  marching  by  platoons  of 
twenty-five  like  soldiers,  dressed  in  gray  uniforms  with  silver 
buttons,  and  carrying,  by  way  of  arms,  their  slates,  pencils,  and 
books.  The  young  girls,  grouped  in  wagons  drawn  by  four 
horses,  sang  patriotic  choruses.  The  applause  burst  out  franti- 
cally at  this  rather  theatrical  spectacle,  but  the  disinterested  ob- 
server could  not  prevent  himself  from  reflecting  that  the  Ameri- 
cans, who  send  abroad  a  great  number  of  missionaries  to  Europe, 
Africa,  and  Asia,  to  the  Burmans,  to  the  Chinese,  do  well  to 
reserve  a  part  of  these  funds  and  these  efforts  for  the  Indians 
whom  they  have  with  them  on  their  territory.  At  the  head  of  the 


THE  FRAMING    OF  THE   CONSTITUTION.  459 

cortege,  a  dozen  Indian  warriors  on  horseback,  who  had  arrived 
the  evening  before  from  the  Western  plains,  to  participate, 
covered  with  their  gaudy-colored  feathers,  their  long- feathered 
head-dresses,  necklaces,  and  leather  leggings,  seemed  rather  to  be 
captives  following  the  triumphal  chariot  of  a  conqueror,  than  free 
participants  in  a  public  festival.  They  belonged  to  the  Sioux, 
Osages,  Cheyennes,  Kiowas,  and  Comanches ;  their  gloomy,  mel- 
ancholy looks  were  not  feigned,  and  when  they  returned  to  the 
railroad  to  be  sent  back  to  their  reserve,  they  carried  away,  on  the 
whole,  a  sorrowful  memory  ;  in  an  ethnological  and  historical  point 
of  view,  their  presence  was  interesting,  but  it  is  not  to  be  mis- 
taken to  affirm  that,  if  Philadelphia  celebrates  the  same  anniver- 
sary in  1987,  the  Indians  will  not  be  there  to  fulfil  their  part 
in  the  programme  framed  by  the  descendants  of  this  gener- 
ation. 

The  Spring  Garden  Institute,  the  largest  school  of  industrial 
art  in  Philadephia,  with  its  models  in  plaster  and  scientific  instru- 
ments, and  the  Girard  College  closed  the  march  of  that  division. 
This  last  college  was  founded — thanks  to  the  liberality  of  a 
Frenchman — by  Stephen  Girard,  who  died  in  1831,  leaving  about 
forty  millions  of  francs  to  the  city.  Next  in  line  came  the  build- 
ing industries,  master  masons,  carpenters,  plumbers,  plasterers, 
painters,  and  brickmakers.  Among  the  latter  the  firm  of  Bergner 
&  Brien  displayed  a  flag  on  which  were  these  words:  "  1787,  one 
million  bricks;  1887,  three  hundred  and  ninety  million  bricks." 
Simple  figures,  more  eloquent  than  a  long  discourse ;  everywhere 
the  comparison  between  that  which  was,  and  that  which  is. 

In  the  rear  of  the  immense  wagons  of  the  exposition  of  Ham- 
ilton Disston,  the  principal  saw-maker  in  the  United  States,  were 
seen  two  pictures,  one  representing  a  sailing-vessel  crossing  the 
ocean,— over  it  this  inscription:  «  iffl,  returning  to  America 
loaded  with  saws"  ;  on  the  other,  a  magnificent  steamer  cutting 
the  waves,  with  the  inscription:  "  1887,.  loaded  with  saws  for 


THE  CENTENNIAL   CELEBRATION  OF 

Europe"  The  spirit  animating  the  manifestation  from  beginning 
to  end  is  expressed  in  these  few  words. 

A  division  of  more  than  six  thousand  volunteer  firemen  from 
every  State  of  the  Union,  drawing  the  old  hand-pumps  and  their 
trucks  of  the  past  with  their  little  silvery  bells,  while  behind  came 
the  firemen  of  the  present,  with  their  steam-engines  under  press- 
ure, their  carbonic  acid  gas-engines,  their  hinged  ladders,  and  all 
the  admirable  modern  appliances  for  the  battle  with  fire. 

The  brewers  had  one  of  the  richest  exhibits,  with  a  crowd  of 
allegorical  cars  and  of  horsemen  in  the  costume  of  the  Middle 

o 

Ages.  One  banner  bore  the  famous  words  attributed  to  Luther, 
"  He  who  loves  not  wine,  woman,  and  song,  will  be  but  a  fool  all 
his  life."  Following  a  brewery  of  a  hundred  years  ago  came  a 
modern  brewery,  with  its  steam-engines  and  ice-houses.  Here 
could  be  seen  the  arrival  of  the  grain  and  hops,  the  workmen  at 
work  about  the  vats,  and  the  beer  running  out  of  the  tubes. 

The  most  important  mint  in  the  United  States  is  located  in 
Philadelphia.  This  great  establishment,  along  with  the  post-office, 
took  part  in  the  parade — a  special  stamp  striking  off  commemo- 
rative medals,  which  were  thrown  to  the  crowd.  Behind  a  post- 
boy of  "ye  olden  time,"  riding  across  the  country  on  horseback, 
with  his  leather  saddle-bags  slung  over  his  shoulders,  marched 
a  battalion  of  eight  hundred  letter-carriers  of  Philadelphia ;  on  a 
wagon  some  employes  assorting,  classing,  and  stamping  lettters. 
The  contrast  was  very  striking. 

A  division  of  more  than  eight  thousand  members  of  the 
different  Commanderies  of  the  Knights  of  the  Golden  Eagle 
(in  black  and  gold  uniforms,  helmets  ornamented  with  white 
plumes,  and  swords  with  the  hilts  forming  a  cross)  symbolized 
the  spirit  of  association  and  mutual  assistance  so  powerful  in 
America. 

Carpet  and  textile  fabrics  occupied  a  considerable  place  in  the 
parade.  The  carpet  industry,  especially,  has  assumed  a  colossal 


THE  FRAMING   OF  THE   CONSTITUTION.  461 

importance  in  Philadelphia.     Beside  the  loom  of  a  hundred  years 
ago  was  seen  the  modern  loom,  ready  to  work. 

In  a  country  so  profoundly  imbued  with  protectionist  ideas  as 
Pennsylvania,  they  could  not  allow  to  pass  such  a  good  oppor- 
tunity without  caressing  and  flattering  the  favorite  hobby  of  the 
inhabitants.  On  a  banner  planted  in  the  middle  of  the  woollen 
exhibit  of  Folwell,  Brother  &  Co.  one  read  these  words:  "A  pro- 
tective tariff  signifies  abundance  of  work  for  the  American  work- 
man, abundance  of  money  in  circulation,  and  cheap  merchandise 
for  the  people,  thanks  to  competition," — so  many  words,  so  many 
errors ;  at  least  we  think  so.  The  tariff  has  never  profited  any  but 
the  manufacturers  and  the  monopolists  ;  it  augments  for  the  mass 
of  the  people  the  price  of  all  the  indispensable  articles,  and  has 
accumulated  in  the  vaults  of  the  treasury  a  surplus  so  consider- 
able that  a  crisis  is  actually  feared  in  the  financial  market,  and  that 
the  reduction  of  the  tariff  will  be  forced  before  many  weeks.  But 
it  is  out  of  place  to  discuss  here  this  grave  question.  On  one 
banner  of  the  same  firm  we  read,  "We  pay  five  thousand  dollars 
per  week  in  salaries,  we  can  produce  more  than  five  million  yards 
of  goods  per  year,  and  we  use  more  than  three  million  pounds  of 
wool.  Is  it  surprising  that  the  workman  gives  his  vote  for  pro- 
tection?" It  would  be  difficult  to  compress  into  four  lines  an 
economic  sophism  more  complete.  But  never  mind.  There  were 
many  voters  in  the  million  and  a  half  of  spectators  who  were  com- 
pelled to  read  those  lines  in  passing,  and  how  many  among 
them  would  be  capable  of  discussing  thoroughly  these  subtle 
assertions  ? 

The  firm  of  Arthur  Wrightson  exhibited  on  a  car  the  first 
knitting-machine,  on  which  a  workman  could  knit  three  pairs  of 
socks  per  day  ;  behind  came  one  which  would  knit  three  hundred 
dozen  shirts  in  twelve  hours.  In  opposition  to  the  making  of  sus- 
penders by  hand  was  seen  the  modern  machine  for  their  manufac- 
ture, attended  by  fourteen  workmen. 


THE  CENTENNIAL   CELEBRATION  OF 

In  the  division  devoted  to  the  means  of  transportation  they 
showed  an  old  wagon  dragged  by  six  horses,  covered  with  a 
miserable  old  canvas  cover,  supported  by  two  long  crossed  sticks, 
on  which  we  read,  "From  Pittsburgh  to  Philadelphia  in  twenty 
days ;"  then  a  sort  of  open  carriage,  drawn  by  two  horses,  "  Pas- 
sage in  eight  days ;"  then  followed  the  first  steam-engine  built  in 
the  United  States,  in  1847,  at  Albany,  N.  Y.,  for  the  use  of  the 
Delaware  and  Hudson  Canal  Company  ;  and  at  last  the  fac-simile, 
weighing  fifty-two  thousand  pounds,  of  a  modern  railroad  engine, 
followed  by  a  postal  car,  baggage  car,  sleeping  car,  dining-room 
car,  drawing-room  car,  freight  car,  oil  car,  and  coal  car.  Nothing 
more  appropriate  to  show  the  progress  made  during  the  century ; 
something  like  the  old  omnibus  Lafitte  and  Caillard  in  France  at 
the  side  of  a  lightning  train  of  the  Paris-Lyon  Mediterranee 
Company. 

The  Baldwin  Locomotive  Works,  of  Philadelphia,  had  in  line 
twelve  hundred  workmen  and  a  series  of  cars  showing,  piece  by 
piece,  all  the  details  of  the  construction  of  a  locomotive.  One  can 
judge  of  the  importance  of  this  firm  by  the  following  figures: 
They  employ  three  thousand  workmen  and  build  six  hundred  and 
fifty  locomotives. per  year;  on  the  day  of  the  parade  they  sent  out 
from  their  shops  the  eight-thousand-seven-hundred-and-eightieth 
locomotive.  Their  head  draughtsman  is  a  pupil  of  our  Central 
School  of  Arts  and  Manufactures  at  Paris.  There  are  over 
a  dozen  or  more  of  them  in  Philadelphia,  each  at  the  head  of  an 
industry,  or  of  a  considerable  service.  The  firm  exhibited  the 
last  locomotive  built  in  their  shops,  under  full  steam,  with  its  engi- 
neer and  fireman,  and  drawn  by  thirty  horses. 

The  sixteenth  division  was  devoted  to  naval  architecture.  The 
great  ship-builders  of  the  Delaware,  William  Cramp  &  Sons,  ex- 
hibited a  model  of  the  first  steamboat  (the  John  Fitch)  which 
floated  on  the  Delaware  in  1 786.  The  Federal  government  sent  a 
model  of  the  first  steamer  that  crossed  the  Atlantic,  in  1819.  A 


THE  FRAMING   OF  THE   CONSTITUTION.  463 

glance  at  that  peaked  prow,  immense  wheels,  and  heavy  rigging  is 
sufficient  to  show  the  incredible  progress  made  since  then ;  follow- 
ing, came  different  models  of  guns  and  of  modern  men-of-war, 
and  an  exact  reproduction  of  the  frigate  Antietam,  now  used  as 
a  naval  school  at  Annapolis;  at  last,  after  a  whale-boat,  and  a 
complete  modern  life-boat,  came  a  model  of  the  great  cruiser 
Charleston,  actually  in  construction  in  San  Francisco,  and  which 
will  be  the  last  work  of  naval  progress. 

Innumerable  cars  carried  in  line  the  ceramic  exhibits,  the 
chemical  products,  the  sewing-machines,  the  admirable  modern 
creations  for  heating  and  lighting,  the  trucks  and  scales,  the 
metallurgic  industries,  furniture,  photographs,  mirrors,  and  car- 
riages ;  among  these  was  Washington's  family  carriage,  which 
belongs  now  to  Captain  Benjamin  Richardson,  of  New  York. 
This  venerable  carriage  was  drawn  by  six  white  horses,  with  two 
coachmen  and  two  footmen  in  the  uniform  of  the  epoch. 

Closing  the  procession  came  the  house-furnishing  industries, 
the  alimentary  industries,  the  making  of  bread,  chocolate,  and  bon- 
bons ;  a  grocery  of  a  hundred  years  ago,  and  a  modern  one,  all 
glittering  and  crowded  with  goods  ;  the  wagons  of  the  different 
ice  companies ;  the  manufacturers  of  cigars ;  in  fact,  everything 
capable  of  showing  to  the  crowd  the  incredible  progress  of  in- 
dustry and  commerce,  and,  upon  the  whole,  the  comforts  which 
the  people  of  1887  possess  over  their  ancestors  of  a  hundred 
years  ago. 

The  parade  commenced  at  ten  o'clock  and  was  not  ended  until 
half-past  six.  When  the  long  file  terminated,  when  the  last  horse- 
man had  passed,  and  the  last  bugle  resounded,  each  one  awoke 
as  from  a  dream.  A  hundred  years  of  history  had  just  passed  in 
review  before  our  eyes.  In  the  evening  the  city  was  brilliantly 
illuminated/  and  on  the  following  day  the  military  parade  took 
place. 


464  THE  CENTENNIAL   CELEBRATION  OF 

III. 

Since  the  great  review  of  the  Army  of  the  Potomac  by  Presi- 
dent Lincoln,  at  Washington,  after  the  surrender  of  General  Lee, 
no  more  solemn  review  had  been  seen  in  America  than  that 
which  was  about  to  take  place.  Twenty-five  thousand  troops, 
commanded  by  General  Philip  H.  Sheridan,  lieutenant-general 
of  the  army,  were  to  pass  in  review  before  the  President  of  the 
United  States.  In  spite  of  its  eminently  picturesque  side,  it  was 
'not  the  review  in  itself  that  was  the  most  interesting:  it  was  all 
the  great  memories  called  up  by  the  meeting,  under  the  same 
flag,  of  conquerors  and  conquered,  united  in  fraternal  harmony ; 
it  was  that  subordination,  without  reserve,  of  the  States  to  the 
Federal  power  in  national  questions ;  and  the  solidity,  the  fine 
appearance  of  the  militia,  which  clearly  proved  that,  in  case  of 
danger,  America  could  raise  an  enormous  and  efficient  army  in  a 
very  short  time. 

To  give  an  idea  of  that  complete  union  of  old  enemies  of  the 
war  of  secession,  one  of  the  corps  in  line,  the  Butler  Guard,  of 
South  Carolina,  carried  a  white  flag,  bearing  on  one  side  an  eagle, 
and  on  the  other  a  palmetto-tree,  with  this  device:  "We  offer 
peace,  but  are  ready  for  war."  The  flag  had  been  given  to  the 
corps  in  1857;  it  was  pierced  by  two  balls,  and  all  torn,  in  conse- 
quence of  much  service.  At  the  head  of  the  column,  Sheridan, 
the  hero  of  Winchester,  had,  in  the  centre  of  his  staff,  the  red  and 
white  guidon  which  he  carried  in  that  battle.  It  was  now  but  the 
emblem  of  American  valor,  without  distinction  of  party.  The 
same  crowd  of  the  day  before— that  is  to  say,  about  a  million  and 
a  half  of  people — witnessed  this  review.  They  were,  if  that  is 
possible,  even  more  enthusiastic  still.  The  spectacle  spoke  more 
to  the  eyes,  and  responded  better  to  that  instinctive  love  of  the 
masses  for  color  and  sound.  The  obstacle  which  confined  yester- 
day's parade  to  Broad  Street  exists  no  longer.  The  troops,  after 


THE  FRAMING    OF   THE   CONSTITUTION.  465 

marching  up  Broad  to  Chestnut,  will  pass  down  Chestnut  and  out 
Market,  the  two  central  arteries  of  the  city,  covered  with  flao-s  and 
banners.  At  the  head  of  the  column,  behind  the  general-in-chief, 
came  the  troops  of  the  three  arms  of  the  regular  army,  the  officers 
and  sailors  of  the  North  Atlantic  Squadron,  and  the  splendid  bat- 
talion of  marines.  In  spite  of  a  little  roll  in  the  ranks  of  the  brave 
old  salts,  the  file  was  excellent.  Then  came  the  troops  of  the  dif- 
ferent States  which  took  part  in  the  ceremony,  in  the  order  in 
which  they  ratified  the  Constitution,  or  were  admitted  to  the  Union. 
First  came  the  little  State  of  Delaware  (the  Diamond  State),  with 
her  governor  and  a  fine  brigade  of  militia. 

Second  came  Pennsylvania,  with  an  admirable  division  of  fifteen 
regiments,  among  which  the  crowd  saluted  with  repeated  applause 
the  Second  Regiment,  the  finest  of  the  State,  commanded  by 
Colonel  R.  P.  Dechert;  then  two  battalions  of  light  infantry,  one 
of  which,  the  "Gray  Invincibles,"  was  formed  of  colored  men;  three 
batteries  of  artillery,  among  which  was  one  of  Catling  guns ;  and 
at  last  the  splendid  squadron  of  cavalry, — the  glory  of  Philadel- 
phia,— the  City  Troop,  which,  except  for  the  cuirass,  are  uniformed 
almost  like  the  splendid  Centgardes  of  Napoleon  III.  At  the  head 
of  the  Pennsylvania  troops  rode  the  sympathetic  Governor  Beaver, 
with  one  leg  amputated,  and  mounted  on  horseback,  like  a  centaur. 
The  crowd  covered  with  applause  the  chief  executive  power  of  the 
State.  New  Jersey  sent  a  solid  brigade  of  four  regiments,  with 
her  governor  and  his  staff.  Governor  Gordon,  of  Georgia,  is  a 
philanthropist,  well  known  by  his  efforts  for  the  reform  of  the 
penitentiary  system.  He  saluted  gracefully  the  crowd,  which  ap- 
plauded him  vigorously.  Massachusetts  was  represented  by  the 
First  Regiment  of  National  Guards,  the  Boston  Cadets,  and  the 
Governor's  Body-Guard. 

Suddenly  is  heard  in  the  distance  a  rather  slow  march,  with  sad 
accents,  like  a  lamentation,  the  sound  of  which  approaches,  little 
by  little.  It  is  the  sweet  song  so  popular,  "Maryland,  my  Mary- 

VOL.  I. — 60 


466  THE  CENTENNIAL   CELEBRATION  OF 

land."  These  are,  in  fact,  the  troops  of  that  beautiful  State  which 
are  passing,  having  at  their  head  Governor  Henry  Lloyd,  with  a 
numerous  staff.  After  the  troops  of  South  Carolina,  New  Hamp- 
shire, and  Virginia  marched  four  magnificent  regiments  from  the 
State  of  New  York,  having  at  their  head  David  B.  Hill,  governor 
of  the  "Empire  State,"  and  among  them  the  Twenty-third  Regi- 
ment, which  passes  for  the  first  militia  regiment  of  the  United 
States,  although  I  prefer  any  one  of  the  Pennsylvania  regiments. 

North  Carolina  and  Rhode  Island  have  sent  equally  choice 
detachments  of  troops.  Ohio  was  represented  by  her  governor, 
Joseph  B.  Foraker,  and  the  Fourteenth  Regiment  of  the  State. 
Maine,  Iowa,  and  West  Virginia  were  represented  by  detachments 
which  marched  with  extreme  precision.  The  District  of  Columbia 
put  in  line  her  Washington  City  Guards  and  three  fine  battalions 
of  the  National  Guard. 

During  the  review  the  President  remained  standing  and 
covered,  saluting  the  chiefs  of  corps  and  the  flags.  The  veterans 
of  the  "Grand  Army  of  the  Republic"  closed  the  procession. 
The  President  stood  uncovered,  as  was  fitting,  before  this  maimed 
and  battle-scarred  remnant  of  the  heroes  who  made  it  possible 
for  this  great  event  to  be  celebrated  by  a  united  people;  five 
thousand  of  them  from  the  different  States,  some  old,  gray,  and 
bowed  down,  and  some  with  limbs  amputated,  filed  before  the 
President,  organized  by  posts,  preceded  by  military  bands,  and 
inclining  before  the  Chief  Magistrate  the  old  flags  intrusted  to 
their  care.  The  ceremony  commenced  at  ten  o'clock,  and  ended 
at  half-past  two.  The  column  was  five  miles  long.  The  march- 
ing, which  was  by  companies  the  entire  distance,  was  excellent. 

Three  times  the  popular  emotion  was  at  its  height,  and  a  thun- 
der of  applause  and  hurrahs  resounded  from  the  ranks  of  the 
innumerable  crowd,— first  when  Lieutenant-General  Sheridan  low- 
ered his  sword,  with  supreme  dignity,  'before  the  President  of  the 
United  States,  who  saluted  gravely:  this  was  a  living  representa- 


THE  FRAMING   OF  THE   CONSTITUTION.  467 

tion  of  the  "  Cedant  arma  toga"  force  inclining  before  the  elected 
of  the  people,  to-day  supreme  chief,  to-morrow,  simple  citizen ; 
,a  second  time  when  Governor  Joseph  B.  Foraker,  of  Ohio,  ex- 
changed salutes  with  President  Cleveland.  A  rather  lively  quarrel 
had  lately  broken  out  between  these  two  men  a  propos  of  the  flags 
taken  during  the  war,  which  the  administration  proposed  to  return 
to  their  respective  corps.  The  governor  opposed  this  in  rather 
violent  terms,  which  had  been  made  public.  On  this  solemn  day 
all  was  forgotten,  and  the  State  of  Ohio  saluted  the  supreme  chief 
of  the  Union.  The  Constitution  had  the  power  to  break  down 
every  resistance  and  appease  every  anger.  The  crowd  applauded 
frantically  this  significant  exchange  of  courtesies.  Finally,  the 
third  time,  when  in  the  midst  of  the  veterans  of  the  war,  the  old, 
tattered  flags,  mutilated  by  shot,  and  black  with  powder,  passed, 
and  were  dipped  before  the  President,  who,  with  head  bare, 
bowed  profoundly  before  these  emblems  of  the  terrible  struggle, 
from  which  the  Union  came  out  regenerated,  brilliant,  and  stronger 
than  ever.  At  this  moment  the  popular  emotion  was  extreme. 
I  remember  but  one  review  in  my  life  where  I  have  seen  the 
crowd  so  profoundly  moved :  this  was  the  review  of  Longchamps, 
where  the  solemn  distribution  of  the  new  flags  to  our  young 
French  army  was  made.  Then,  as  to-day,  more  than  one  silent 
tear  stole  o'er  the  cheek. 

Some  of  the  troops — the  Rhode  Island  regiment,  the  body- 
guards of  the  governors,  especially  of  Massachusetts — had  brilliant 
costumes,  but  rather  old-fashioned. 

The  Hartford  Foot  Guards  of  Connecticut,  organized  in  1771, 
wore  a  uniform  which  recalled  that  of  the  English  Grenadiers. 
All  these  uniforms  are  only  for  parade,  and  would  be  perfectly  im- 
practicable in  a  campaign.  The  militia,  on  the  contrary,  were  in 
full  regulation  uniform,  with  knapsacks,  the  fatigue  cap,  tunic  and 
blankets  packed,  and  carrying  Remington  rifles,  double  cartridge- 
boxes,  and  canteens.  These  are  not  troops  for  parade,  but  troops 


6j>  THE  CENTENNIAL    CELEBRATION  OF 

ready  for  the  field  on  short  notice.  It  is  the  militia  who  maintain 
order  in  the  States;  the  governors  have  the  right  to  call  them  out 
in  case  of  any  disturbance  which  the  police  are  not  able  to  quell. 

And  d  propos  of  this,  a  very  striking  coincidence  occurred 
during  the  fete.  On  the  evening  of  the  day  on  which  the  celebra- 
tion commenced,  a  despatch  arrived  announcing  the  fact  that  the 
Supreme  Court  of  Illinois  had  rejected  the  appeal  of  the  eight 
anarchists  condemned  to  death  for  throwing  dynamite  last  year, 
and  in  behalf  of  whom  the  municipal  council  of  Paris  addressed 
to  the  governor  of  the  State  a  petition,  which  showed  more  sensi- 
bility than  acquaintance  with  American  laws.  In  America,  liberty 
will  never  be  license  or  lawlessness,  and  repression  will  always  be 
adequate  to  the  crime. 

The  militia  of  each  State  are  perfectly  able  and  ready  to  cope 
with  any  event,  and  assure  the  reign  of  law  and  order.  In 
America  a  foreign  war  is  out  of  the  question  ;  in  this  respect  the 
serenity  is  complete,  and  they  dream  here — for  the  old  countries 
of  Europe — only  of  disarming  and  arbitration.  At  the  final  ban- 
quet, Sheridan,  responding  to  the  toast,  "The  Army,"  pronounced 
precisely  these  words  :  "The  progress  which  is  being  daily  made 
in  artillery,  and  explosive  substances,  will  make  war  no  longer 
possible.  What  will  happen  then  ?  With  one  accord  the  nations 
will  resort  to  arbitration  for  the  settlement  of  all  international 
difficulties,  and  I  sincerely  believe  that  our  children,  who  will  wit- 
ness the  celebration  of  the  second  century  of  our  Constitution, 
will  see  the  recourse  to  arbitration  adopted  by  the  entire  world." 
And  the  audience  applauded.  It  is,  indeed,  a  beautiful  dream,  but 
we,  for  our  part,  are  far  from  sharing  the  hopes  of  the  valiant 
American  general. 

IV. 

At  last,  the  third  day  arrives.  The  ceremonies  are  to  com- 
mence at  eleven  o'clock  ;  but  first,  from  half-past  nine,  the  Presi- 
dent, with  his  cabinet  and  the  Hon.  Edwin  H.  Filler,  mayor  of 


THE  FRAMING    OF   THE    CONSTITUTION.  469 

the  city,  held  a  public  reception  in  the  new  City  Hall.  This  build- 
ing is  the  glory  of  the  city.  The  architectural  design  of  the 
pavilions  is  an  exact  reproduction  of  those  of  the  Louvre.  It  has 
already  cost  about  fourteen  million  dollars,  and  is  not  yet  finished. 
It  will  cost,  when  finished,  about  twenty  million  dollars.  The 
central  tower,  which  will  be  the  highest  on  the  globe,  is  to  be  sur- 
mounted with  a  statue  of  William  Penn,  watching  over  his  old 
city,  now  become  one  of  the  largest  cities  of  the  world.  This 
magnificent  structure  stands  in  the  centre  of  the  city,  at  the  inter- 
section of  Broad  and  Market  Streets.  The  streets  parallel  to 
Market  Street,  on  the  north  and  south,  bear  names  such  as  Chest- 
nut Street,  Walnut  Street,  etc.  Those  which  run  north  and  south, 
parallel  to  Broad,  are  numbered,  Broad  itself  being  Fourteenth 
Street,  and  equally  distant  from  the  Delaware  and  its  tributary, 
the  Schuylkill,  whose  waters  bathe  the  city.  From  the  right 
bank  of  the  Schuylkill  the  city  extends  over  an  immense  space, 
and  the  streets  parallel  to  Market  Street  preserve  the  same 
names  as  on  the  left  bank.  When  the  Constitution  was  signed, 
in  1787,  the  city  formed  a  rectangle  comprised  between  the 
two  rivers,  and  between  Vine  Street  on  the  north,  and  South 
Street  on  the  south, — that  is,  from  north  to  south  it  was  but  little 
more  than  a  mile  in  length  ;  to-day  its  length  exceeds  fourteen 
miles. 

At  precisely  half-past  nine  the  crowd,  which  has  waited  since 
early  morning,  is  admitted  to  the  presence  of  Mr.  Cleveland ;  in 
rushes,  pell-mell,  a  motley  crowd  of  workmen,  merchants,  women, 
clerks,  veterans,  soldiers,  artisans,  and  colored  people ;  all  march 
in  Indian  file  at  the  rate  of  sixty  or  eighty  per  minute,  and  to  all, 
especially  to  the  women  and  children  and  the  humblest,  the  Presi- 
dent gives  a  cordial  shake  of  the  hand,  accompanied  by  an  amiable 
word.  One  mother,  holding  a  pretty  curly-headed  child  in  her 
arms,  wanted  him  to  kiss  it ;  "I  have  not  time  to  kiss  the  babies 
now,"  said  he,  with  good  humor.  Behind  her  a  work-woman, 


470  THE  CENTENNIAL   CELEBRATION  OF 

when  the  President  took  her  hand,  darted  forward  to  kiss  him  ;  he 
recoiled  instinctively ;  the  kiss  intended  for  his  lips  reached  his 
chin  and  he  laughed  heartily.  Nothing  short  of  death  would  have 
induced  our  gallant  King  of  France,  Henry  IV.,  to  recoil  under 
similar  circumstances.  One  good  countrywoman,  taking  ex- 
clusively to  herself  the  "  How-do-you-do"  which  the  President 
repeated,  for  form,  once  a  minute,  planted  herself  before  him  and 
cried,  "  I  am  pretty  well,  thank  you,  but  I  had  a  very  bad  cold  last 
week."  The  rest  of  her  little  speech  was  lost  in  the  coat  of  the 
policeman  in  charge  of  the  circulation. 

At  last,  towards  eleven  o'clock,  as  the  moment  fixed  for  the 
solemn  ceremony  advanced,  they  closed  the  doors.  More  than 
twenty  thousand  persons  were  thus  prevented  from  seeing  the 
President ;  but  all  retired  in  good  humor,  knowing  that  he  was 
called  elsewhere  to  continue  the  celebration.  An  American  crowd ! 
What  is  one  able  to  dream  of  more  amiable  or  more  tranquil ! 

An  hour  of  such  hand-shaking  is  horribly  fatiguing.  The  Presi- 
dent was  obliged  to  rest  a  moment  in  a  chair,  and  take  a  cordial 
of  extract  of  beef  and  iron  before  going  out  again.  To  be  Presi- 
dent of  the  United  States  it  is  necessary  to  be  not  only  a  man  of 
head  and  heart,  but  also  a  Hercules,  and  they  ought  to  find  a 
means  for  the  elected  of  the  people  to  avoid  these  interminable 
hand-shakings,  which,  upon  the  whole,  signify  no  great  thing.  As 
the  people  are  naturally  anxious  to  see  their  President  face  to 
face,  certain  journals  propose,  with  reason,  that  in  order  to  satisfy 
this  desire  they  should  make  the  public  pass  before  a  barrier, 
behind  which  he  should  be  seated  with  his  ministers  and  the 
authorities  of  the  city  in  which  he  might  be,  responding  by  a 
gesture  and  smile  to  the  compliments  and  salutations  of  his  fellow- 
citizens. 

But  that  long  ceremony  of  shaking  hands  "ad  infinitum"  which 

have  witnessed,  if  it  has  its  touching  side,  constitutes  none  the 

less  a  veritable  torture  for  him  who  is  the  hero  of  it.     When  the 


THE  FRAMING   OF  THE   CONSTITUTION.  471 

President's  wife  is  obliged  to  take  part  in  it,  as  she  had  done 
the  evening  before  at  the  Academy  of  Music,  for  the  six  thousand 
guests  provided  with  cards,  it  becomes  a  cruelty,  pure  and  simple, 
a  custom  wholly  barbarous. 

At  last,  at  eleven  o'clock,  the  President  and  his  ministers  en- 
tered their  carriages,  to  proceed  to  the  place  appointed  for  the 
grand  ceremony  of  the  day.  This  morning,  as  on  the  preceding 
days,  the  sun  rose  radiantly.  It  was  no  longer  a  question,  on  this 
day,  of  noisy  parades  and  solemn  processions :  it  was  a  grand 
memory  which  was  to  be  quietly  celebrated.  Never  since  the  time 
of  the  Revolution — not  even  at  the  time  of  the  Universal  Expo- 
sition of  1876 — had  Philadelphia  seen  a  reunion  so  imposing  and 
so  picturesque  as  that  which  the  principal  stand  presented.  In 
1876  they  celebrated  the  centennial  of  the  Declaration  of  Inde- 
pendence and  the  commencement  of  the  heroic  period;  in  1887 
that  which  they  celebrated  was  still  greater, — it  was  the  centennial 
of  the  Constitution  ;  of  that  solemn  act  which  had  given  life  to  the 
United  States,  in  the  shelter  of  which  these  States  had  grown  and 
prospered  to  an  extent  that  has  not  been  equalled  by  any  other 
nation  in  the  history  of  the  world. 

A  semicircular  stand  had  been  erected  in  Independence 
Square,  against  the  south  side  of  the  old  hall,  capable  of  seating 
over  eight  thousand  people.  In  front,  the  century-old  trees,  con- 
temporaneous with  the  event  to  be  celebrated,  threw  their  heavy 
shadows  on  the  ground,  making  a  verdant  picture  full  of  grace 
and  beauty ;  in  the  rear,  overlooking  the  crowd,  the  clock-tower 
with  its  old  clock,  which  had  sounded  the  hours  to  the  members  of 
the  Convention  in  1787  during  their  long  and  sometimes  painful 
deliberations.  In  the  centre  of  the  amphitheatre,  on  a  low  plat- 
form draped  with  starry  flags,  stood  Washington's  old  arm-chair, 
which  had  been  brought  from  the  old  Independence  Hall,  and 
against  the  back  leaned  a  framed  copy  of  the  Constitution,  repro- 
duced from  the  original  document  deposited  in  the  archives  at 


THE  CENTENNIAL   CELEBRATION  OF 

Washington.  The  President,  surrounded  by  his  cabinet,  the 
members  of  the  Supreme  Court,  and  the  officers  of  the  army 
and  navy,  was  seated  with  his  wife  near  this  platform;  on  the 
seats  of  the  amphitheatre  were  the  invited  guests  from  Philadel- 
phia and  the  different  States  of  the  Union ;  in  the  square,  and  in 
all  the  adjacent  streets  as  far  as  the  eye  could  reach,  an  immense 
crowd, a  veritable  human  sea ;  on  a  special  platform  two  thou- 
sand children  from  the  city  schools  sang  patriotic  choruses  after 
each  speech.  The  sky  was  of  a  celestial  blue,  and  a  brilliant  sun 
lighted  with  his  rays  this  magnificent  scene.  The  music  of  the 
Marine  Band  of  Washington  lent  its  assistance  to  the  impressive 
ceremonies.  This  band  is,  in  America,  almost  what  that  of  our 
Republican  Guard  is  in  France, — without  a  rival. 

On  a  bench,  near  the  President,  were  seated  side  by  side,  and 
chatting  fraternally,  Bishop  Potter,  of  the  Protestant  Episcopal 
Church  of  New  York,  and  Cardinal  Gibbons,  of  Baltimore.  This 
was  the  first  time  the  Cardinal  had  appeared  in  a  public  ceremony 
dressed  in  the  Roman  purple.  Not  far  from  these  two  dignitaries, 
sat  the  Rev.  Dr.  de  Schweinitz,  Bishop  of  the  Moravian  Church 
of  Philadelphia,  and  Dr.  Witherspoon,  of  the  Presbyterian  Church 
of  Nashville,  Tennessee,  who  was  also  to  offer  one  of  the  prayers 
composed  for  the  occasion.  One  had  there,  under  his  eyes,  in  the 
reunion  of  these  representatives  of  dogmas  so  strangely  diverse, 
the  living  image  of  that  great  conquest  of  the  Constitution:  free 
churches  in  a  free  State,  without  subsidy  from  the  national  treasury, 
but  also  without  any  possible  intervention  from  the  State,  except 
to  guarantee  to  all  the  same  liberty.  After  a  short  but  eloquent 
speech  by  Mr.  John  A.  Kasson,  president  of  the  Centennial  Com- 
mission, who  spoke  the  language  of  a  free  man  to  his  equals,  the 
President  of  the  United  States  advanced  towards  the  platform  and 
began  his  speech.  He  first  saluted  the  crowd,  and  then  pro- 
nounced his  discourse  in  a  strong  voice  which  carried  a  great  dis- 
tance. This  was  the  moment  waited  for  by  all  with  impatience. 


THE  FRAMING   OF  THE   CONSTITUTION.  473 

I  will  not  resist  the  desire  to  cite  for  the  benefit  of  my  countrymen 
the  eloquent  peroration  of  this  speech,  which  produced  a  profound 
impression : 

"  We  shall  fail  to  be  duly  thankful  for  all  that  was  done  for  us  a  hundred 
years  ago,  unless  we  realize  the  difficulties  of  the  work  then  in  hand  and 
the  dangers  avoided  in  the  task  of  forming  '  a  more  perfect  union'  between 
disjointed  and  inharmonious  States,  with  interests  and  opinions  radically 
diverse  and  stubbornly  maintained.  The  perplexities  which  met  the  Con- 
vention which  undertook  to  form  our  Constitution  may  best  be  realized 
by  these  words  of  one  of  its  most  illustrious  members  : 

" '  The  small  progress  we  have  made  after  four  or  five  weeks  of  close 
attendance  and  continued  reasonings  with  each  other,  our  different  senti- 
ments on  almost  every  question — several  of  the  last  producing  as  many 
noes  as  yeas — is,  methinks,  a  melancholy  proof  of  the  imperfection  of  the 
human  understanding.  We,  indeed,  seem  to  feel  our  own  want  of  political 
wisdom,  since  we  have  been  running  about  in  search  of  it.  We  have  gone 
back  to  ancient  history  for  models  of  government,  and  examined  the  differ- 
ent forms  of  those  republics  which,  having  been  formed  with  the  seeds  of 
their  own  dissolution,  now  no  longer  exist.  In  this  situation  of  this  assem- 
bly, groping  as  it  were  in  the  dark  to  find  political  truth  and  scarce  able  to 
distinguish  it  when  presented  to  us,  how  has  it  happened,  sir,  that  we  have 
not  heretofore  once  thought  of  humbly  applying  to  the  Father  of  Light  to 
illuminate  our  understandings  !' 

"  And  this  wise  man,  proposing  to  his  fellows  that  the  aid  and  blessing 
to  God  should  be  invoked  in  their  extremity,  declared : 

"  '  I  have  lived  for  many  years,  and  the  longer  I  live  the  more  convincing 
proofs  I  see  that  God  governs  in  the  affairs  of  men,  and  if  a  sparrow  cannot 
fall  without  His  notice,  is  it  possible  that  an  empire  can  rise  without  His 
aid  ?  We  are  told  in  the  sacred  writings  that  except  the  Lord  build  a  house, 
they  labor  in  vain  that  build  it.  This  I  firmly  believe,  and  I  believe  that 
without  His  concurring  aid,  we  shall  succeed  no  better  in  this  political 
building  of  ours  than  did  the  builders  of  Babel.  We  shall  be  divided  by 
our  little  partial,  local  interests,  our  projects  will  be  concluded,  and  we  our- 
selves shall  become  a  reproach  and  by-word  down  to  future  ages ;  and  what 
is  worse,  mankind  may  hereafter,  from  this  unfortunate  instance,  despair  of 

VOL.  I. — 6l 


THE  CENTENNIAL   CELEBRATION  OF 

establishing  governments  by  human  wisdom  and  leave  it  to  chance,  war, 

and  conquest.' 

"  In  the  face  of  all  discouragements  the  fathers  of  the  republic  labored 
on  for  four  long,  weary  months,  in  alternate  hope  and  fear,  but  always  with 
rugged  resolve,  never  faltering  in  a  sturdy  endeavor  sanctified  by  a  prophetic 
sense  of  the  value  to  posterity  of  their  success,  and  always  with  unflinching 
faith  in  the  principles  which  make  the  foundation  of  a  government  by  the 
people.  At  last  their  task  was  done.  It  is  related  that  on  the  wall  back  of 
the  chair  occupied  by  Washington  as  the  president  of  the  Convention  a 
sun  was  painted,  and  that  as  the  delegates  were  signing  the  completed 
Constitution  one  of  them  said :  '  I  have  often  and  often  in  the  course  of 
the  session,  and  in  the  solicitude  of  my  hopes  and  fears  as  to  its  issue, 
looked  at  that  sun  behind  the  president,  without  being  able  to  tell  whether 
it  was  rising  or  setting.  But  now  at  length  I  know  that  it  is  a  rising  and 
not  a  setting  sun.' 

"  We  stand  to-day  on  the  spot  where  this  rising  sun  emerged  from 
political  night  and  darkness,  and  in  its  own  bright  meridian  light  we  mark 
its  glorious  way.  Clouds  have  sometimes  obscured  its  rays,  and  dreadful 
storms  have  made  us  fear ;  but  God  has  held  it  in  its  course,  and  through 
its  life-giving  warmth  has  performed  His  latest  miracle  in  the  creation  of 
this  wondrous  land  and  people. 

"  When  we  look  down  one  hundred  years  and  see  the  origin  of  our 
Constitution,  when  we  contemplate  all  its  trials  and  triumphs,  when  we 
realize  how  completely  the  principles  upon  which  it  is  based  have  met  every 
national  need  and  every  national  peril,  how  devoutly  should  we  say  with 
Franklin, '  God  governs  in  the  affairs  of  men,'  and  how  sole'mn  should  be 
the  thought  that  to  us  is  delivered  this  ark  of  the  people's  covenant,  and 
to  us  is  given  the  duty  to  shield  it  from  impious  hands.  It  comes  to  us 
sealed  with  the  test  of  a  century.  It  has  been  found  sufficient  in  the  past, 
and  it  will  be  found  sufficient  in  all  the  years  to  come,  if  the  American  people 
are  true  to  their  sacred  trust.  Another  centennial  day  will  come,  and 
millions  yet  unborn  will  inquire  concerning  our  stewardship  and  the  safety 
of  their  Constitution.  God  grant  they  may  find  it  unimpaired  ;  and  as  we 
rejoice  to-day  in  the  patriotism  and  devotion  of  those  who  lived  one  hun- 
dred years  ago,  so  may  those  who  follow  us  rejoice  in  our  fidelity  and 
love  for  constitutional  liberty." 


THE  FRAMING   OF  THE   CONSTITUTION.  475 

When  the  applause  had  ceased,  the  two  thousand  children  sang 
a  national  chorus.  Then  Mr.  Samuel  F.  Miller,  member  of  the 
Supreme  Court,  and  the  first  jurisconsult  of  the  United  States, 
addressed  the  people.  He  gave  an  admirable  history  of  the  Con- 
stitution, as  patriotic  as  eloquent.  While  he  was  speaking  the  rays 
of  the  sun  penetrated  the  trees  and  fell  plumb  upon  his  head. 
One  of  the  colored  ushers  opened  an  umbrella  and  held  it  over 
him  ;  and  it  was  in  that  posture,  full  of  simplicity,  the  good  servant 
following  with  his  parasol  the  movements  of  the  sun,  that  he  de- 
livered a  long  piece  of  eloquence,  the  reading  of  which  lasted 
more  than  an  hour  and  a  half.  I  will  repeat  only  the  very  impor- 
tant passage  relating  to  France  : 

"  Our  ancient  ally, — the  French  nation, — following  rapidly  in  our  footsteps, 
abolished  the  monarchical  form  of  government,  and,  in  attempting  the  estab- 
lishment of  a  representative  republic,  has  found  the  governments  so  estab- 
lished up  to  the  present  time  very  unstable  and  of  short  duration.  It  is 
impossible  for  an  American,  familiar  with  the  principles  of  his  government 
and  the  operation  of  its  Constitution,  to  hesitate  to  attribute  these  failures 
of  the  French  people  very  largely  to  the  defects  in  their  various  constitutions 
in  points  where  they  have  differed  from  ours.  Their  first  step,  upon  the 
overthrow  of  the  monarchy,  was  to  consolidate  into  one  the  three  represen- 
tative estates  of  nobles,  clergy,  and  commons,  which  had  always,  when 
called  together  by  the  king,  acted  separately.  After  a  little  experience  in 
governing  by  committees,  this  body  selected  seven  of  their  number,  called 
the  directors,  to  whom  the  executive  powers  were  committed.  It  is  suffi- 
cient to  say  of  this  body  that,  though  tolerated  for  a  while  as  an  improve- 
ment on  Robespierre  and  his  Committee  of  Public  Safety,  it  was  easily  over- 
turned by  Napoleon,  who  in  rapid  succession  established  an  executive  of 
three  consuls,  of  which  he  was  chief,  then  of  consul  for  life  in  himself,  and 
finally  the  empire,  of  which  he  was  the  head,  and  was  at  the  same  time  the 
executive,  the  legislature,  and  the  fountain  of  justice.  It  is  needless  to 
recount  the  history  of  the  second  republic  and  the  second  empire.  For  a 
third  time  France  now  has  a  republican  government.  This  has  a  President, 
a  Senate,  and  a  House  of  Deputies,  as  our  Constitution  has;  but  its  Presi- 


THE  CENTENNIAL    CELEBRATION  OF 

dent  is  a  cipher,  elected  by  the  assembly  for  seven  years.  It  was  supposed 
that  the  length  of  the  term  would  give  stability  to  the  government  and  effi- 
ciency to  the  office.  It  has  in  practice  turned  out  that  the  President  is  but 
a  public  show,  the  puppet  of  the  prevailing  faction  (it  can  hardly  be  called  a 
party)  in  the  House  of  Deputies.  His  main  function — a  very  disagreeable 
one — is  to  reconstruct  perpetually  dissolving  cabinets,  in  which  he  has  no 
influence,  and  whose  executive  policy  is  controlled  by  the  deputies  on  whose 
demand  they  are  appointed,  all  of  them  acting  under  constantly  impending 
dread  of  a  Parisian  mob.  The  Senate  of  this  system,  like  the  House  of 
Lords  of  Great  Britain,  is  without  any  actual  influence  on  the  government, 
and  is  unlike  our  Senate,  the  members  of  which  represent  States,  and  have 
both  the  power  and  the  courage,  when  they  deem  it  necessary,  to  resist  the 
President  or  the  House  of  Representatives  or  both. 

"  The  present  government  of  France  has  existed  longer  than  any  repub- 
lic ever  set  up  in  that  country.  The  sentiment  of  the  people  is  essentially 
republican.  The  strongest  sympathies,  the  ardent  wishes  of  every  lover  of 
liberty  and  of  republicanism  in  the  world,  are  with  that  gallant  people ;  and 
commemorating,  as  we  do  to-day,  the  events  of  a  hundred  years  ago, — the 
successful  establishment  of  the  grandest  republic  the  world  has  ever  known, 
— our  hearts,  filled  with  grateful  remembrance  of  their  valuable  aid,  are 
warm  with  ardent  wishes  that  they  may  share  the  blessings  we  enjoy." 

These  words  borrow  a  particular  importance  from  the  solemn 
circumstances  in  which  they  were  pronounced.  They  are  worthy 
of  the  meditation  of  our  statesmen. 

After  this  eloquent  discourse,  the  children  sang  "  Hail  Colum- 
bia," their  fresh  voices  rising  pure  and  silvery  in  the  air,  and 
carrying  afar  torrents  of  harmony.  Noble  addresses,  alternating 
with  melodious  choruses,  gave  to  the  ceremony  a  character  of 
grandeur  and  grace  that  I  have  never  encountered  elsewhere. 
The  first  stanza  of  "  Hail  Columbia"  was  that  of  the  old  song  by 
Joseph  Hopkinson,  1798.  The  three  others  were  composed  for 
the  occasion  by  Oliver  Wendell  Holmes,  the  poet  of  Boston.  F. 
Marion  Crawford,  the  well-known  author  of  Dr.  Isaacs  and  Zoro- 
aster, and  as  celebrated  in  Paris  as  in  Philadelphia,  had  sent  a 


THE  FRAMING   OF  THE   CONSTITUTION,  477 

national  hymn,  the  stanzas  of  which  Professor  Murdoch  recited 
with  a  sonorous  voice ;  the  refrain  was  sung  by  a  choir  of  three 
hundred  male  voices.  This  alternation  of  poetry  and  song  pro- 
duced the  most  graceful  effect;  one  could  imagine  himself,  at 
certain  moments,  in  Greece,  in  a  theatre  of  Athens,  in  the  time  of 
Pericles. 

When  the  last  accents  had  died  away,  Cardinal  Gibbons,  whose 
glittering  purple  robe  made  a  bright  mark  in  the  midst  of  the 
sombre  vestments,  approached  the  platform  and  read  in  a  strong 
voice  a  long  and  eloquent  prayer.  The  orchestra  and  choirs  gave 
the  "  Star-Spangled  Banner,"  in  the  singing  of  which  the  crowd 
joined.  The  Rev.  Dr.  Witherspoon,  of  Tennessee,  arose  and 
gave  to  the  assembled  crowd  the  final  benediction.  Then  the 
President  retired,  followed  by  the  hurrahs  of  the  immense  multi- 
tude. The  ceremony  was  ended ;  a  new  century  opens  henceforth 
for  the  Constitution ;  the  crowd  disperses  slowly  by  the  stairs  of 
the  venerable  edifice  which  has  just  received  a  second  solemn 
dedication. 

Descending  with  the  crowd,  step  by  step,  the  stairs  of  this 
noble  Independence  Hall,  in  the  noise  of  the  volleys  of  artillery 
fired  by  the  vessels  of  the  American  squadron  anchored  in  the 
waters  of  the  Delaware,  the  heart  still  moved  by  the  strange  and 
magnificent  spectacle  which  I  had  just  witnessed,  my  thoughts 
flew  invincibly  towards  the  old  country  over  there,  far  off  over  the 
sea ;  towards  that  country  whose  sons  of  old  rendered  possible 
the  birth  of  this  people  to  independence, — the  country  of  Lafayette, 
— and  I  could  not  prevent  myself  from  regretting  that  a  great 
number  of  our  compatriots  of  France,  deputies,  statesmen,  and 
thinkers,  had  not  been  able  to  assist,  lost  in  the  crowd,  at  this 
great  spectacle.  They  would  have  seen  as  I  did,  I  have  no  doubt, 
like  a  new  and  radiant  vision,  that  liberty  based  on  the  love  of 
justice,  respect  for  the  work  of  the  forefathers  and  mutual  toler- 
ance, that  France  knows  not  yet  in  its  plenitude.  Closing  my  eyes- 


478  THE  CENTENNIAL   CELEBRATION. 

and  isolating  myself  from  the  crowd  which  surrounded  me,  I  could 
imagine  at  certain  moments,  like  Laboulaye,  that  I  could  see  in  a 
dream  Paris  transported  to  America.  The  accents  full  of  patriot- 
ism, of  true  nobility,  and  love  of  liberty,  all  those  eloquent  voices 
which  had  just  now  resounded, — they  were  Frenchmen,  were  they 
not,  to  whom  I  had  been  listening  ?  Ah !  how  great  was  France, 
and  what  a  brilliant  future  opens  before  her  genius !  But  I  had 
dreamed ;  I  was  indeed  in  America.  Over  my  head,  in  the  pas- 
sage between  the  two  rooms  where  the  Constitution  was  signed, 
was  suspended  from  the  ceiling  the  same  old  bell  which  in  1776 
called  this  great  people  to  independence ;  in  the  distance,  the 
joyous  clamors  of  the  crowd  announcing  the  passage  of  Presi- 
dent Cleveland  seated  with  his  young  wife  in  an  open  carriage, 
a  rose  in  his  buttonhole,  and  saluting  his  fellow-citizens  with  a 
charming  smile ;  and  as  far  as  eye  could  see,  everywhere  floated 
the  starry  banner  of  the  United  States  of  America.  I  had,  at 
least,  in  that  instant,  the  clear  vision,  that  those  were  not  the  idle 
dreams  of  a  visionary  which  hoped  one  day  for  France,  under  the 
agis  of  the  republic  one  and  indivisible,  the  absolute,  close,  invin- 
cible union  of  all  her  children  in  tolerance,  patriotism,  and  liberty.* 

L.  VOSSION. 

PHILADELPHIA,  2ist  September,  1887. 

*  The  foregoing  paper  appeared  in  the  Nouvelle  Revue  of  November,  1887.  The 
author  is  the  French  Consul  at  Philadelphia;  the  translator  is  Mrs.  Caroline  Waugh, 
of  the  same  city;  both  of  whom  kindly  consented  to  its  re-publication. 


END  OF  VOLUME  I. 


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Book  SIip-50w-8,'66(Go530s4)458 


NS  486315 

JK166 
Carson,  H.L.  1889 

History  of  the         v.l 
celebration  of  the 
one  hundreth  anniversary 
of  the  promulgation  of  the 
Constitution  of  the  United 
States. 


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